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Haleck challenges legality of CZM Program
Monday,
April 28, 2008
The legality of the Coastal Management Program Act and regulations governing land use practices are being challenge, the challenge comes by of a response by defendant Avamua Dave Haleck to the Department of Commerce and Coastal Management Program’s petition for a preliminary injunction to stop avamua from clearing the Tafuna rainforest land.
Avamua, represented by attorney Roy Hall Jr., siad in response to the government’s petition that the Coastal Management program Act and rules and regulations prescribed under the act are unconstitutional. Hall argues that sections and provision of the Coastal Management Program Act impact upon the alienation or transfer of land. That being the case, laws dealing with land issues must be approved by two successive sessions of the legislature by a two-thirds vote of the entire membership of each house and endorsed by the governor. Haleck argues that the legislation establishing the American Samoa Coastal Management Act was not approved in that manner. Haleck says the Project Notification and Review System Committee’s stop order restricting use of the land and ordering remedial action to replant the Tafuna forestland, essentially renders the land economically useless and interferes with the defendant’s and his family members rights to sell, lease or use the property.
According to Haleck, this amounts to the PNRS taking property without due process in violation of the US and American Samoa constitutions. Haleck contends that the Coastal Management Program rules relied upon by the PNRS was not adopted through the administrative procedures act. Therefore there is no legal basis for the PNRS authority. Haleck has filed a counter claim against ASG, Department of Commerce and the American Samoa Coastal Management Program for declaratory relief. The claim asks the Court for a declaration of Haleck’s rights to the Tafuna rainforest land and to declare invalid or unconstitutional all sections of the American Samoa Management Program Act.
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