Court keeps GovGuam's eminent domain power in check; ruling cautions against land grabbing
- Admin
- 5 minutes ago
- 3 min read
Gov. Lou Leon Guerrero's hospital project facing a new setback
By Mar-Vic Cagurangan
The Superior Court of Guam has struck down the administration’s move to condemn properties marked for a hospital project in Mangilao, noting that the proposed plan for the target land does not legally justify an exercise of eminent domain.
The Guam Housing and Urban Renewal Authority sought to condemn a total of 169,795 square meters of lots owned by Dr. Joseph and Hong Yi Tian, offering them $6.65 million to take over the property where Gov. Lou Leon Guerrero proposed building an integrated medical campus.
Judge Elyze M. Iriarte, however, pointed out that under Guam law, GHURA's authority to acquire private properties was restricted by the boundaries of its mandate to build "housing projects," which refer to "dwellings, apartments and other living accommodations for families of low income.”
“The undisputed facts of this case show that there was no housing project underway when GHURA resolved to take Dr. Joseph's and HYT's private property,” Iriarte said in a ruling that posed a setback to the governor's embattled project.
An area adjacent to the target site has been officially rezoned to pave the way for the development of power and water infrastructure, the initial component of the project.
“The legislature did not delegate broad powers to GHURA to condemn property at its discretion. Rather, its exercise of eminent domain is limited to condemning land for projects involving housing, and facilities adjunct to housing projects,” the court said, granting the summary judgment requested by Joseph and Hong Yi Tan.
Iriarte said GHURA failed to prove that building housing for low-income households formed part of its objective in condemning the properties.
She noted concerns, previously raised by other courts, that "a grant of the power of eminent domain is one of the attributes of sovereignty most fraught with the possibility of abuse and injustice."
She cautioned against granting such power liberally, as it would threaten property rights.
“These values and principles surrounding private property and the perils of eminent domain overreach differentiate this land acquisition from GHURA's past voluntary land transactions pursued for non-housing-related projects,” Iriarte wrote.
“In this case, a government agency is interfering with private land ownership and use; the question over the legality of that act compels a different lens from that used when a government agency decides to use its own property or property it acquired voluntarily.”
According to the governor's office, GHURA is reviewing the ruling for possible appeal.
The 38th Guam Legislature cancelled today’s special session, which would have tackled the governor’s proposed appropriation bill to authorize the Guam Power Authority and the Guam Waterworks Authority to develop utility infrastructure on the marked project site, using the remaining $104 million in American Rescue Act funds.
"The property at issue in the eminent domain action is separate from the property upon which the Guam Power Authority and the Guam
Waterworks Authority plans to install power, water, and wastewater infrastructure for the hospital project and the larger Mangilao community," the governor's office said.
"The initial installation of infrastructure will be performed along Route 15 in Mangilao on property previously purchased by GHURA, which is not affected by today’s decision."
“Guam’s families deserve both quality healthcare and access to future housing options. The medical campus project has always been part of a broader vision for a stronger Mangilao — one that includes elder housing, veterans’ housing, and community development,” the governor said, smarting from the court's decision.
“We respect the court, but we also believe the law clearly allows GHURA to plan for these integrated projects. We will continue working to ensure this vital development moves forward," she added.
The governor's office said the setback will not cancel the administration's plan to build a new medical campus.
“Housing is not just a structure — it is the community around it. Our laws recognize that strong, healthy, safe neighborhoods require healthcare facilities, infrastructure, and services that support families, elders, and veterans. Today’s decision overlooks that reality,” the governor said.
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