AG “Legal Opinions” re GHURA authority to buy hospital land misses the mark

Hagåtña, Guam – Consistent with his practice since taking office, Attorney General Doug Moylan relies on woefully inadequate analysis of Guam law in his opinions responding to senator inquiries regarding GHURA’s authority to acquire land for a medical complex in Mangilao and the adequacy of notice provided for meetings of the GHURA board. The AG is simply wrong. GHURA has the authority to acquire land for a medical complex and GHURA provided proper public notice for its board meetings.

AG Moylan first opines that purchasing raw land for a medical complex is inconsistent with GHURA’s urban renewal authority, which allows the agency to eliminate slums and blights in Guam consistent with an urban renewal plan approved by the governor and the legislature. AG Moylan claims that the use of eminent domain is limited to these areas of slums and blights. However, AG Moylan has completely sidestepped GHURA’s substantial power to develop housing projects on Guam, which are separately defined from urban renewal projects, and broadly defined to include health facilities. Real property is further defined by Title 12 to mean all lands, including improvements and fixtures, or appurtenances. GHURA is broadly authorized to acquire real property by eminent domain “which the Authority may deem necessary for or in connection with any project[.]” Clearly, GHURA’s use of eminent domain is not limited to urban renewal projects, but extends to housing projects, including medical facilities.

AG Moylan’s second opinion that GHURA’s public notices were inadequate under the Open Government Law is similarly deficient. His analysis of applicable case law is clearly intended to support his forgone conclusion that GHURA did not comply. The notices provided by GHURA clearly notify the board and the public of the meeting agenda, including consideration of a loan of ARPA funds for community development projects, and the board packet for the meeting even included the letter from Governor Leon Guerrero referencing GHURA’s authority to carry out housing projects, and offering the loan of ARPA funds for development of healthcare facilities and related projects. This packet was posted online and available for public viewing.

These legal opinions are nothing more than the AG joining forces with opposing senators who are trying to defeat our island’s most significant effort towards finally building a new hospital. It is not the first time the AG has been wrong, and it is likely not the last.


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