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Landowner tells court land being cleared is not forestland
Tuesday,
April 29, 2008
Chief Justice Michael Kruse has given the parties in the dispute over the Tafuna rainforest until May 16th to file written closing arguments on the question of whether the owners of the land, should be required to obtain a land use permit to clear the property.
The Lands and Titles Division held a hearing today on the government’s petition for a preliminary injunction to enjoin Avamua Dave Haleck from clearing the rainforest land without a land use permit. The plaintiffs, ASG, Department of Commerce and American Samoa Coastal Management Program requested the injunction to stop Haleck from carrying out a threat to clear more than 20 acres covered in virgin forest. Assistant Attorney General Doug Juergens told the court that Avamua must be made to apply for a land use permit for the clearing activity so that a determination can be made through the Project Notification and Review System if the work will have a significant adverse impact on the environment. Avamua has yet to apply for a land use permit but news stories in the Samoa News and on KHJ Radio which were submitted as evidence by the government quoted him saying that unless the government pays for the rainforest land he will begin clearing. Defense attorney Roy Hall Jr, said the April 21 deadline given by Avamua had passed without any activity so this issue was moot.
The government attorney established that Avamua was aware of the land use permitting process and had in fact applied for a permit to clear 7-8 acres of Haleck property close to Cost U Less. However he has now chosen not to apply for a land use permit to clear the rainforest land. Chief Justice Michael Kruse asked Avamua if any of the land he intended to clear was rainforest. Avamua replied no. He said his late father worked on developing the land for many years and cleared a major portion of it. The Chief Justice reminded Avamua that he was under oath and asked him again if the land in dispute is forestland. Avamua answered not that I know of. Avamua said that they have been negotiating with the government for 10 years to buy or lease the land but up to now the only organization that has made any attempt to secure funding for this purpose is the US Forest Legacy Program. He said if the government does not buy the land he intended to build residential housing on the property and there would be no factories or heavy development. Chief Justice Michael Kruse issued an interim order on April 22, enjoin Avamua from clearing of virgin bush or associated land development activity in the Tafuna lowland rainforest.
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