37.2050 Highway-Establishment.

The public highway declared and proclaimed by Regulations No. 15 and No. 16, 1900, enacted 3 September 1900, by B. F. Tilley. Commander, U.S.N., Commandant, and amended by W. Evans, Captain, U.S.N., on 10 May 1921, extending from Blunt’s Point on the southern side of Pago Pago Harbor, toward Observatory Point and around the harbor to Breaker’s Point on the northern side of the harbor, along the shore at highwater mark, of a uniform width of 15 feet distant inland from the shore, the land included in the description being condemned and appropriated for public uses, is recognized as a public highway, and the rights of the government and the public thereto is asserted.

History: 1949 Code § 1291(1).

Reviser’s Comment: 1949 AS Code § 1291(4) provided: “Any person or persons who claim compensation for any of the land condemned as herein before stated [in AS Code § 1291(1), now this section], under Section 2 of the Deed of Cession granted from the Chiefs and Rulers of Tutuila to the United States government and bearing date April 17, 1900, must have presented their claims to the High Court within three months from September 3, 1900, as required by the aforesaid regulations, otherwise such claims shall not be recognized, and in all cases whatsoever the amount of compensation allowed for such claims by the said Court, is final.”

Case Notes:

In condemning land for public uses to build a road, the United States also acquired the land between the road and the shoreline, including the accompanying littoral rights; these rights have been transferred to ASG. § § 37.2050. Anderson v. Vaivao, 21 A.S.R.2d 95 (1992).

An action challenging ordinances condemning land for the coastal road was barred by latches when the plaintiff did not file suit until 90 years after the ordinances were enacted. A.S.C.A. § 37.2050. Anderson v. Vaivao, 21 A.S.R.2d 95 (1992).