Page:Constitution of the State of Kosrae.pdf/13

 Section 4. The waters, land, and other natural resources within the marine space of the State are public property, the use of which the State Government shall regulate by law in the public interest, subject to the right of the owner of land abutting the marine space to fill in and construct on or over the marine space; provided, the right may be limited by other provisions of this article and any use of the waters, land and other natural resources within the marine space of the municipality by the State Government is subject to prior consultation between the State Government and the municipality where the marine space is situated. Consultation procedures shall be provided by statute.

(Amended by 1995 Con. Con.)

Section 5. The State Government may acquire interests in private land for a public purpose without the consent of the interested parties. The acquisition may occur upon payment of fair compensation and the State Government's showing that the land and the interest are highly suited to their intended use, that it has made a good faith effort to gain the consent of the interested parties, and that it has made every reasonable effort to avoid substantial hardship to the interested parties in consideration of their personal circumstances. Procedures for the acquisition shall be prescribed by law and shall include the payment by the State Government to the interested parties of the attorney costs and reasonable attorney’s fees incurred in connection with the acquisition proceedings.

(Amended by 1995 Con. Con.)

Section 6. Rivers and streams designated by law are public property, the use of which the State Government shall regulate by law in the public interest.

Section 7. Only a person who is a citizen of the Federated States of Micronesia and Kosraean by descent, including by adoption, or a corporation which is wholly owned by such persons, may acquire title to land in the State. Acquisition of title by persons whose status as Kosraeans by descent is based solely on adoption shall be within limits set by law. Acquisition or utilization of interests in real property may be restricted or regulated by law.

(Amended by 1995 Con. Con.)

Section 8. No certificate of title shall be issued to the State Government for land consisting of the road and adjacent areas except where the State has actual title. A certificate of title previously issued to the State for such land is voidable upon application by the landowner holding title; provided that any prior use agreement between the State Government and the private landowner shall be reinstated according to its terms until modified.

(Added by 1995 Con. Con.)

Section 9. The State Government shall transfer to the original owners, their heirs or assigns, all public land above the Japanese line. The procedures for this transfer shall be as prescribed by law.

(Added by 1995 Con. Con.)