By: L.N. Reklai
Senator Uduch Sengebau-Senior recommends that the Appellate Division of the Palau Supreme Court address the constitutionality of the 35 PNC Section 1304(b)(2) which sets the deadline for public land claims.
In a letter to Senate President Camsek Chin, Senate JGA Committee Chairman Senior referred to the pending case of Ngerchong Island. A footnote in a Land Court decision noted that on September 2009 opposition argument against KSPLA ‘s motion to dismiss, lawyers for claimants argued that Article XIII Section 10 of the Constitution does not state deadline for filing claims to public land so 35 PNC Section 1304 (b)(2) is unconstitutional. The footnote states, “This is a novel legal issue worth consideration by the Appellate Division.”
“We should allow the highest court of the land to address this issue before we take action as a legislative body,” recommended Senator Senior regarding House Bill 9-209-25S,HD1, SD1. [/restriction]