Dear Minister Jenkins,
I’m writing to share this information about case law on legal theories that have been used in trial cases and confirmed, “Inverse Condemnation Claim,” the intentional act element, and what makes for a viable claim.
“Inverse condemnation occurs when (1) a property owner seeks (2) compensation for (3) property taken for public use (4) without process or proper condemnation proceedings.” City of Houston v. Norcini, 317 s. w.3d 287, 292 (Tex. App.—Houston [1stDist.] 2009, pet. denied) quoting Villarreal v. Harris Cnty., 226 S. W. 3d 537, 541 (Tex. App.—Houston [1st Dist.] 2006, no pet.)); see City of Abilene v. Burk Royalty Co., 470 S. W. 2d 643,646 (Tex. 1971).
SOURCE: EASTLAND COURT OF APPEALS-11-11-00137-CV-5/3/2012
To state a cause of action for inverse condemnation under the Palau constitution, a plaintiff must allege (1) an intentional governmental act; (2) that resulted in his property being taken, damaged, or destroyed; (3) for public use.
Honorable Minister Jenkins, this intentional act and elements of the government of Palau similarly regarding these cases mentioned above has proven that the government of Palau has knowingly taken Melekeok Elementary School site and used it for its own interest (1) without process or a proper condemnation proceeding; (2) property was taken for public use without the land owner’s consent; (3) property owner seeks compensation for the use of the land (4) that resulted in his property being taken, damaged, or destroyed; (5) for public use. The government of Palau ignored the provision of 35 PNC Article 13 Palau Constitution 1304 (b) Section 7 and 10, eminent domains which has been written and acted as a law of the land. That the Government of Palau has used this illegal use right agreement of the TT government to cover up eminent domain so that it can continue using the land free of charge.
For instance, while the land owners have suffered this type of injustice from the ROP government, the Land Court has ruled a clear decision and order for the “Meyuns Skojio” case, nullified and voided the Palau Land Commission a Certificate of Title which was issued to TT government in 1973, then transferred to Palau Land Authority (PPLA) in 1982 and then transferred to KSPLA. The “Oltbadelkaeb” case ruling also nullified and voided the Certificate of Title which was issued to three claimants in 1997 and in 2002 the land court judge canceled the certificates. The “KSPLA” terminated its lease agreement contract with a former President and it is no longer valid. These are the judgments rulings from these cases resulting from unreliable lease agreements and certificates of title that were issued during the TT government but are now nullified and voided according to the ruling from the Supreme Court.
Therefore, in spite of these rulings—what is the legality of the “Use Right Agreement” of the TT government that still ties up Baulbei Lineage? Ryan D. Zinchefsky a legal consul to the President of the Republic of Palau wrote a memorandum on June 21, 2013, to the ombudsman advising him that this “Use Right Agreement” of the TT government entered into in 1970, is “disingenuous.”
Minister Jenkins, with all due respect, you are relying on this obsolete and deceitful “use right agreement” of the TT government by condemning this private property for schooling purposes free of charge. This situation is where the government seizes private property and fails to pay compensation. Why hasn’t this practice been terminated? This Use Right should have been terminated when 35PNC Article 13 Palau Constitution 1304 (b) Sec.7&Sec.10 became effective in 1981. Is this action an act of conspiracy? I would greatly appreciate a response to this letter before I take further action.
If I do not get a response, I will continue to launch my lawsuit against the Palau government for deprivation of our land, inhumane treatment, and failure to pay land owners just compensation.
Your response is greatly appreciated.
Ted T Joshua
Chief “Renguul” of Baulbei Lineage
Melekeok Elem. School Site Administrator/Owner/Ukaeb, Melekeok State
Cc: President of the Republic of Palau Minister of State