37.2001 Eminent domain-Compensation.

(a) The Government may take any land, easement or right-of-way, or any other property interest in American Samoa, when required for public purposes. Where possible, the Governor shall consult with the Legislature about proposed condemnation projects, and shall obtain the advice of the Legislature on all such projects. Payment of just compensation shall be made, in accordance with the procedures described in 43.1001 through 43.1036, to those who may be deprived of their property by such taking.

(b) The public purpose for a parcel of land acquired by the Government under eminent domain must be specified in the proposed condemnation. If the subject land is not used for the stated public purpose within five years after condemnation it must be returned to the prior owner with all improvements.

History: 1962, PL 7-25; 1967, PL 10-25; readopted 1980, PL 16-88 § 1; 1982, PL 17-31 § 1; amd 1988, PL 20-50; amd 1989, PL 21-24.

Case Notes:

Change in use of land from original purpose of taking by eminent domain does not return title over land back to original owners. Title vested in the government in fee simple once eminent domain is exercised. H. C. Atualevao v ASG. ASR (1984).