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50-036 - Naval Government of Guam v. 150,831 square meters of land, more or less, in the Municipalities of Agat, Barrigada, and Dededo, Island of Guam, Marianas Islands et al


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50-036 - Naval Government of Guam v. 150,831 square meters of land, more or less, in the Municipalities of Agat, Barrigada, and Dededo, Island of Guam, Marianas Islands et al
February 22, 2018
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Order adopting in part 118 Report and Recommendations; denying 119 Objection to Report and Recommendation; Order re: 115 Request re Which Map Should Be used for CC 36-50, Exhibit A or Exhibit B, 10107. The Court finds that Map 10107 B was a draft used during the condemnation proceedings in Civil Case No. 36-50. However, it was not used to finalize who was entitled to compensation and because it is a draft, the DLM and ALC are not required to record it. Map 10107 A was not used as part of Civil Case No. 36-50, but accurately reflects the metes and bounds set forth in that case. It is therefore not erroneous for the DLM and ALC to rely on Map 10107 A because it correctly outlines the properties taken in Civil Case No. 36-50. To the extent that the objections also apply to the determination of who was entitled to compensation, the Court finds the Recommendations of the Magistrate Judge to be supported by the record and adopts all of the recommended findings except for number 7. Although this Court agrees that Map 10107 A reflects the determinations of the properties and owners of those properties taken for the use of the AV-Gas Tank Farm or Parcel 3, it was not in its completed form at the time the determination was made. Signed by Chief Judge Ramona V. Manglona on 2/22/2018. (fad, )