Damarlane v United States [1995] FMPSC 2; 7 FSM Intrm. 56 (Pon. S. Ct. App.

1995) (20 February 1995)

http://www.paclii.org//cgi-bin/disp.pl/fm/cases/FMPSC/1995/2.html? query=trust territory sovereignty THE GOVERNMENT OF UNITED STATES OF AMERICA ON ITS OWN BEHALF AND STANDING IN THE PLACE OF THE TRUST TERRITORY OF THE PACIFIC ISLANDS And as stated in Kilara v. Alexander, 1 TTR 3, 5 (Pon. 1951), land law on Pohnpei as stated in the German Title Documents "is still in effect outside of any changes that may have been made by the German authorities during their regime, . . . or by the American authorities since the American occupation." 1. During the reign of the Saudeleurs in Pohnpei up to about the 17th century, it is said that the Saudeleurs owned and controlled both land and the sea of the general area referred to as Katau Peidak to Katau Paidi or Peidi. It is generally known in Pohnpei that Katau Peidak refers to the east as far as Kosrae and beyond, and Katau Peidi refers to the West as far as Yap. Isokelekel who invaded the reign of the Saudeleurs came from Kosrae, Katau Peidak. Sou Yap, in his effort to follow-up on his bird messenger known as "kutoahr" in Pohnpeian, which according to legends had been killed and was eaten by certain Pohnpeians in Nett Municipality, came from Yap. He was received by Sumuni Kepin Pil (Soum en Kepin Pil) who then offered a traditional apology to Sou Yap on behalf of those Pohnpeians who had consumed his bird messenger. It is said the Sumuni Kepin Pil uprooted a single piece of sakau root, prepared it and offered the "sakau en tomw" (a ceremonial rite used in offering traditional apology, which when accepted and drunken by the aggrieved party pacified any

and all hostilities) unto Sou Yap, in apology for the conduct of the Pohnpeians who consumed Sou Yap's bird messenger. The style of offering the apology thus gave birth to the customary practice which became part of the tradition known in Pohnpei as "Sakau en Pwal-lap." Thus, according to this historical account and traditional understanding of Pohnpeian, the Saudeleurs owned both the dry lands and the submerged lands within the ocean, including things growing thereon or with them. PTA v. Damarlane, PCA No. 25-91, at 9 (Mar. 14, 1991). It would follow that if any damage was sustained to the reefs, submerged lands, or corals, it would be the Saudeleurs to whom any compensation would be payable. 2. It is understood that the term "non-native" as used in the TT statute includes the Trust Territory Government as a juridical person. 3. [4] The Government cannot acquire title to individual land by simply claiming it by public notice and consider the property its own if the individual does not contest. PTA v. Damarlane (citing Edayaoch v. Timarong, 7 TTR 54, 60 (Pal. 1974)). Thus subsection (2) is invalid to the extent that the failure of an individual land owner to comply with the requirement of filing a written notice with the district land office he loses his legal interest or title to the Government.