A bill has been introduced in Palau’s Olbiil Era Kelulau that would modify the land claims process overseen by the Land Court.
The proposed legislation aims to address several issues, including:
- Flexibility in Claim Theories: Currently, claimants are limited in the types of arguments they can present based on the claim form they use. Regardless of the form used, the bill would allow claimants to raise any relevant land ownership theory.
- Correcting Technical Errors: The bill establishes a mechanism for correcting technical errors in certificates of title, such as typos or surveying mistakes. The government would be responsible for covering the costs if the error is their fault.
- Clarifying Probate Court Authority: The bill clarifies that probate courts can determine who inherits a deceased person’s interest in a pending land claim but cannot decide ownership of the land itself.
- Jurisdiction Over Land Disputes: The bill assigns priority jurisdiction to the Land Court for unregistered lands (those without a determined owner). The Trial Division would retain original jurisdiction over disputes concerning registered lands (those with a previously determined owner).
- Grievance Procedure for Land Decisions: The bill proposes a temporary grievance procedure allowing individuals who believe the Land Court made an error in a land ownership decision to petition for a new hearing.
A public hearing on the proposed bill will be held this Thursday, April 4, 2024, at 2 pm at OEK Satellite Office in Koror (Old OEK building).