Pago Pago, AMERICAN SAMOA — More than 20 objections have been filed with the Territorial Registrar against the proposition to register “Nu’u Fou” land consisting of 400+ acres as individually owned land, around Malaeimi, Fagasa and Aasu.

The objections are outlined in letters submitted by Chiefs and Village Councils against Papalii Laulii Alofa, Michael Fuiava and Mauga T. Asuega to the Registrar, which were obtained by Samoa News.

This week Territorial Registrar, Divine Iuli-Falaniko informed the Senate Select Investigative Committee in sworn testimony that the registration process has been “stopped” and that she sent out a letter informing that to the relevant parties.

In the letter dated July 15, 2022 obtained by Samoa News, the Registrar informed them “the offer for registration of land “Nuu Fou” as individually owned land” which they filed on June 13, 2022 has been deemed invalid.

“After further review of the proposed registration paperwork, and upon consultation with office of the Attorney General, I have determined that the above referenced land registration offer is deficient for failure to comply with the Territory land registration statute, A.S.C.A. 37.0101 et seq.

“In American Samoa, a Survey of land to which title is proposed to be registered must be accompanied by a “certificate of the surveyor and the pulenuu of the village in which or nearest to which the land is located, to the effect that the pulenuu gave public oral notice in the village at a meeting of the chiefs thereof of the time and place of the intended survey in order that other interested landowners might have an opportunity to be present thereat.”

The letter cited A.S.C.A section 37.0102(c); and 37.0206(g).

Furthermore the Registrar says the statutory language is absolute and provides for no exceptions.

 “However your land registration offer, failed to include such a certificate.

“Instead, the survey was accompanied by a letter from the Secretary of Samoan Affairs, in which the ‘Secretary affirm(s) that this property is not under any jurisdiction of village control, nor family occupancy, nor any human habitation’ and concludes there is no village mayor who is qualified to certify the survey of this property,” the letter reads.

The Registrar pointed out that the letter from Mauga Tasi Asuega, Secretary of Samoan Affairs addressed to Leota Mapesone Laulu, chief Surveyor, is contrary to the statements therein.

 “This letter does not satisfy the legal requirements that a pulenu’u certificate accompany the survey of this property.

 “The Statute expressly requires the submissions of the pulenu’u certificate, and instructs that if the land does not fall within a village, the pulenuu of the village nearest to the land fulfill this important role. See A.S.C.A Section 37.0102(c).

 “The letter fails to identify the village(s) nearest to the location of the land nor cites any legal authority of the Secretary to waive a statute applicable to all prospective land registrants through such an affirmation.

“As Registrar, the law does not permit me to register any title to land unless all requirements  of the land registration statute have been complied with and until it has been demonstrated that there are no conflicting claims thereto A.S.C.A. Second 37.0103(d).

 “The pulenu’u certificate statute was clearly enacted to protect the due process rights of local landowners and the integrity of the survey and registration processes.”

The Registrar further noted that any registration of the land not performed in accordance with statutory procedure is void.

 “Accordingly, I encourage you to review the Territory’s land registration requirements carefully and resubmit the offer for registration should  the proper steps be taken in the future to pursue registration of this land in strict accordance with applicable laws.

“For the forgoing reasons, the Office of the Territorial Registrar is unable to consider or move forward with the above referenced land registration offer.”

The letter cited by the Registrar,  also obtained by Samoa News,  was endorsed by the Secretary of Samoan Affairs, Mauga to the Chief Surveyor Leota Mapesone Laulu, dated 18 May, 2022.

Titled “affirmation for Pulenu’u certificate of vacant virgin bush lands on the north shore due northwest of Tutuila” the Secretary of Samoan Affairs stated “this property is not under any jurisdiction of village control nor family occupancy nor any human habitation.

 “Due to this affirmation, there is no village mayor who is qualified to certify survey of this property. I give this writing to satisfy the legal requirement of a Pulenu’u certificate for survey of this property,” Mauga’s letter reads.

OBJECTIONS

Among the objection letters, one was submitted by the Nu’uuli Village Council and was signed by six High Chiefs of the villages, dated July 10, 2022.

They pointed out that Malaeimi is an extension of Nu’uuli within the Ituatu County and identified as communal lands of the Fanene and Puailoa families.

The Nuuuli Village Council members that signed are Senator Soliai Tuipine Fuimaono; Puailoa Maae; Lavata’i Vivao; Makuisa To’afa; Taufete’e Tanielu and Taufete’e Tema.

“We vehemently voice our objection to the proposed registration of land as noted above. This attempt to register communal lands belonging to families and villages is illegal and will cause injury to families that own these lands.

“It is our duty to ensure that these lands are protected and preserved for the families and matai that rightfully own them.”

The Fagasa Village Council also objected with 44 signatures including Senator Alo Paul Stevenson, dated June 29, 2022.

 “The Fagasa Village Council would like to record our objection to the registering of land by Laulii Alofa, Michael Fuiava and Mauga Tasi Asuega.”

The letter says of the land in dispute considered as virgin bush that the “Fagasa Village Council believes this land belongs to our village and it is not a virgin bush as claimed by these individuals and that their [Fagasa’s] objection is based on evidence.

 “Evidence shows that the village cultivated disputed land many years ago. Coconut trees are grown and are forty or more years old. The land in dispute known as Sika and [is] considered as farmland of Fagasa village.”

Evidence shows photos of old foundations of food preparation huts located and scattered all over the area. “Remains of stone and concrete walls are visible in the area and the land is believed to be located East of Fagafue land.”

Families and Village Council of Aasu also objected to the registration, in their letter dated June 29, 2022.

The letter says the lands in question is not Nu’ufou there is no such land in their village as such and Aasu objects to the registration of land to Laulii Alofa, Michael Fuiava and Mauga Tasi Asuega.

Click on attachment to download pdf of letters.