Editorial by Troy Torres, Kandit News & Views
The government of Guam sometimes can be hypocritical in its application of the law. The attorney general, for example, is in federal court fighting on behalf of private landowners against GovGuam utilizing eminent domain to take land in Mangilao for a new medical campus in exchange for monetary payment at fair market value. But at the same time, the AG continues to fight in local court for a lawsuit that – if the government prevails – essentially would steal land purchased by a private citizen, providing no compensation whatsoever for the more-than-one-hundred-million dollars the landowner paid for the property.
Kandit has opined on this matter several times the past few years. The litigation was first brought by the Calvo administration against Core Tech International for the court to determine that GovGuam and Guam Waterworks Authority are the rightful owners of the property under which the Northern District Wastewater Treatment Plant sits. During the initial phase of that lawsuit, GWA literally tore down a fence marking the boundary of that certain lot with an adjacent Core Tech lot in Ukudu, then built a new fence encroaching several meters into the adjacent lot.
That triggered Core Tech – which until that time had not done anything to impede the operation of the NDWWTP or to so much as demand rental payments from the government for its use of the land – to counterclaim for more than $200 million in damages for the land taking.
The entire CTI claim is based on its proper purchase of a large tract of several lots of land in Ukudu from Younex. Younex purchased those properties from the Torres estate, the heirs of the ancestral land owner whose property was deeded by GovGuam to the estate according to the law. That sale, according to land records, included the lot where the NDWWTP is. The sale was green lighted by then-Judge Elizabeth Barrett Anderson. When CTI purchased the land from Younex, part of the value and price included the NDWWTP lot.
None of this is solely our opinion. In a decision by the local court in the property litigation, Judge Elyze Iriarte ruled that CTI owns the property. That pre-judgment decision has led to a flurry of legal maneuvers by GovGuam and GWA that has cornered the lawsuit between actions requested from both the lower court and the Supreme Court of Guam.
The question is, ‘Why is the AG fighting so hard to dispossess a private landowner of land he legitimately purchased, then on the other hand is fighting so hard to stop GovGuam from compensating private landowners in another place in exchange for land taking?’
Why is a sewer treatment plant more important than a hospital?
The Ukudu lawsuit is one that should have never happened. Core Tech never disturbed the operation of the NDWWTP, and was sued without any trigger. GovGuam could have continued to use that land for the NDWWTP at no rental or other cost to Core Tech without incident. In fact, not only would GovGuam have paid nothing for the use of the land, it had and continues to make money off the fact that Core Tech owns the property. Public tax records dating back to when CTI acquired the property show that GovGuam recognized Core Tech as the owner, assessed value on the property, then charged Core Tech the proper property taxes on the land.
Core Tech has paid those property taxes every single year since it bought the land.
It makes no sense to us how on one hand the AG can fight for the supposed property rights of landowners whose land will be taken by condemnation in exchange for payment at fair market value; then on the other hand advocate for the taking of private land without any payment to the private property owner.
And the fact that our AG is fighting a land effort in Mangilao that would bring this community a medical campus, while litigating a land grab for a sewer system absolutely – every pun intended – stinks.
1 Comments
Richard
02/21/2025 at 11:12 PM
FYI, Future Guam Manamnkos!! I read Kandit’s above article and have other issues with Kandit’s Argument! Kandit’s weeps over the fact that GAG fights for a Hospital be over a Sewer System owned and operated by GWA/GovGuam. Observation has noted that this Sewer Debate existed years ahead of the New Hospital Rant.
Truth be told, GovGuam used this Ukudu land FREE OF CHARGE! I think the Debate with that issue as to who actually owns the Land. CoreTech has paid the yearly Property Taxes without Issue. The end result has Judge Iriarte overturn a Lawful decision by Judge Barrett-Anderson years before. Did CLI file any Contest in Court at that time. NDWWTP existed and operated for years without any questionable action by Judge Iriarte! Yup, Judge Iriarte says CLI own the ‘LAND.’ Which specific land are we, the Guam Public being gas lighted told? Yup, Judge Iriarte blabs her Ruling without, even Kandit, specifically what Land belongs to the Sewer System! Should there any Financial Obligationn owed to CoreTech? The point is. land Registration and ownership must be WEAK. Right npw, we, the Guam Public, NOTES another flopping evidence of no proper RECORDS! All we, the Guam Public, get are the ‘he said, she said’ chant which doesn’t stand up in Court. What’s funnier was Judge Iriarte OVERTURNING Retired Judge Barrett-Anderson Ruling at that time, AGES AGO! Yup, no lawyer raised their Feathers at that time either. Yup, not even the Supreme Court Judges were considered to Rule on this Big Issue! Yup, Judge Iriarte made a Ruling based on her one-headache, one TORTED MIND’! Yup, Judge Iriarte was n’t smart enough to have a panel of Supreme Court Judges make a Ruling!
Yup, Think about it! The Supreme Court overturned the YTK panel of Ecube, Cabot and, I think, Thompson Unanimous Theft of $14M given to Lawyer Calvo! Yup, if the Judiciary Supreme Court had to make the Final Decision on any GovGuam issue, then maybe the rest of GovGuam would improve their management operation!
Now the Hospital proposal raises a different can of WORMS, Troy! Yup, Guam needs another Hospital. You are Right! You fail to mention how this new Hospital would be Operated. Right now, the FEAR exist that this new Hospital would have the failing Manager, flopping financially along sucking up more Funds still sinking and drowning! Also, there’s no mention of guaranteed Services beyond being an Air Con First Aid Station! Or the guarantee of permanent Medical Doctors, Nurses and other Specialists, etc,. What about extra cost Radar proofing this Hospital against high energy Radar frequencies! What Billing Programs will be used; will this Department still be linked to the Old Computer System? Will we have a Terraced Parking Lot or Spread out, land consuming parking Lot? There are many questions to be talked and planned for and all you cry about is a Hospital in a area near a Radar Dome! That would be a high-Risk Factor in itself! Yup, the GAG fights for the Sewer land and fights against having a new Hospital. In other words, Troy, goober-na LOOT-es hasn’t listened to the Guam Public since FOREVER! Remember, goober-na Lewd-es says. ‘You, (the Guam Public), HAVE NO SAY!