American Samoa Government v. .145 Acres, More or Less, of Land & Right-of-Way to the Land In Square 28

5 Am. Samoa 3d 61
CourtHigh Court of American Samoa
DecidedMarch 14, 2001
DocketCA No. 36-95
StatusPublished

This text of 5 Am. Samoa 3d 61 (American Samoa Government v. .145 Acres, More or Less, of Land & Right-of-Way to the Land In Square 28) is published on Counsel Stack Legal Research, covering High Court of American Samoa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Samoa Government v. .145 Acres, More or Less, of Land & Right-of-Way to the Land In Square 28, 5 Am. Samoa 3d 61 (amsamoa 2001).

Opinion

OPINION AND ORDER

In 1995, plaintiff American Samoa Government (“ASG”) initiated this action pursuant to A.S.C.A. §§ 43.1001-.1036 to condemn interests in land of defendant Neil Annandale (“Annandale”) in Tafima for installations connected with the public sewage collection system in this area. By this action, ASG sought to acquire a fee simple interest in approximately 0.045 acre along the southern boundary of the land (“Parcel A”) and a right-of-way in approximately 0.10 acre across the land (“Parcel B”). .

ASG declared the value of the interests to be $4,000.00 for Parcel A and $50.00 for Parcel B, and deposited the total sum of $4,050.00 in the Court registry, in accordance with A.S.C.A. §§ 43.1001 and 43.1003. By this making this deposit, ASG immediately acquired title to the interests desired, pursuant to A.S.C.A. § 43.1005. ASG also served Annandale with process and, under A.S.C.A. § 43.1002, gained the right to possess [65]*65and use those interests.

When Annandale answered the complaint, he rejected the amount of the compensation deposited. He also counterclaimed against ASG and cross-claimed against defendants American Samoa Power Authority (“ASPA”) and Fletcher Construction (“Fletcher”) for damages based on trespass on Annandale’s land, allegedly beginning on or about January 23, 1995, and destroying plants, fences and walls.

In view of Annandale’s objections to ASG’s estimated values of the condemned interests in the land, determination of the compensation amount was referred to arbitration, pursuant to A.S.C.A. § 43.1010. On August 19, 1996, the arbitrators awarded $5,800.00 for Parcel A and $50.00 for Parcel B. Annandale accepted the award for Parcel A, and on December 15, 1997, the Court’s partial judgment and order was entered with respect to this parcel, confirming ASG’s title to Parcel A and requiring ASG to pay $5,800.00 to Annandale for this parcel.

Annandale appealed the award for Parcel B. On May 19, 1997, the Appellate Division held that the arbitrators failed to support the award for Parcel B with findings and conclusions, and remanded this award to the same arbitrators for further proceedings and a determination, based on written findings and conclusions, to be submitted to this court. The Attorney General has informed the Court that the arbitration award for the Parcel B was made in December 2000, but the arbitrators have yet to publish their decisions.

Trial on the trespass claims was held on July 10, 2000, and this opinion and order is limited to those claims. The two issues before the Court are (1) whether the actions by ASPA and Fletcher constitute trespass, and if so, (2) whether and what damages ASPA and Fletcher owe to Annandale.

Discussion

I. Trespass

This Court declared its standard for trespass in Letuli v. Le'i:

The tort of trespass to land is the unlawful interference with its possession. W. Prosser and W. Keeton, The Law of Torts § 13, at 70 (5th ed. 1984). It may be committed as the result of an act which is intentional, reckless, or negligent, or as the result of ultrahazardous activity. Gallin v. Poulou, 295 P.2d 958, 959-62 (Cal. App. 1956). The only intent required is the intent to enter another’s land, regardless of the actor’s motivation. Miller v. National broadcasting Co., 232 Cal. Rptr. 668, 676-[66]*6677 (Cal. App. 1986). Trespass may occur by causing the entry of some other person or thing. Restatement (Second) of Torts § 158 (a), at 277 (1965).

Letuli v. Le'i, 22 A.S.R.2d 77, 82 (Land & Titles Div. 1992).

We read the rule applied in Letuli to mean that in adjudging whether trespass has occurred in civil cases, the claimant must establish (1) unlawful interference with the possession of property, (2) which may be the result of intentional, reckless, negligent or ultrahazardous activities, (3) where there existed an attempt to be at the place on the land where the trespass allegedly occurred, and (4) which may consist of the entry of some other person or thing. We find that ASG, ASPA, and Fletcher did trespass upon Annandale’s land based on these four criteria.

On or about Monday, January 23, 1995, employees of Fletcher, while on contract with ASPA, entered Annandale’s land and destroyed a cement wall, a chain-link fence, a mango tree, plants and shrubs, and dug a trench in the ground. At the time, ASPA had not obtained an easement from Annandale for use of his land, nor had Fletcher remedied this oversight by making arrangements to obtain one.

Annandale appropriately and immediately notified ASPA authorities through legal counsel, but none of these parties responded to his appropriate protest against Fletcher’s invasion of Annandale’s land. Fletcher thus engaged in repeated intentional acts consisting of unpermitted and uninvited infringement upon, injury to, and invasion of Annandale’s land.

ASG and ASPA are liable with Fletcher for trespass as employers of that independent contractor. As a general rule, the employer of an independent contractor is not liable for harm resulting from that contractor’s acts or omissions. Restatement(Second) of Torts § 409 (1965); Letuli, 22 A.S.R.2d at 83. However, if an employer employs an independent contractor to do work which he knows or has reason to know will likely involve a trespass upon the land of another, he is liable for harm resulting to others from such trespass. Restatement(Second) of Torts § 427B (1965). Here, ASPA hired Fletcher to institute an underground sewer line, which work inherently implies effacement and destruction of Annandale’s land. ASG and ASPA had reason to know that Fletcher’s work would involve trespass; their duty was to secure authorization for the intended work activity, so as to render the encroachment and conversion of Annandale’s property lawful. The contract between ASPA and Fletcher, with respect to the, necessity and distribution of responsibility for obtaining easements, confirms ASPA’s awareness of the potential for trespass and consequent liability involved in contracting for sewer line placement. Because they did not obtain [67]*67valid authorization, ASG and ASPA are liable for harm resulting from their independent contractor’s physical trespass.

ASG and ASPA claim that they acted with Annandale’s consent to work on the property, and argue that they are thus not liable for co-opting it. However, they have failed to convince the court that Annandale consented to their doing work on the property. In fact, Annandale’s subsequent complaints to ASPA indicate that he not only lacked knowledge of the extent of the work, but also that he did not give ASPA consent to perform it. In any case, consent to enter and work on property does not justify total government taking.

This case involves forced preemption of private property by a government entity. At the time of the trespass, on January 23, 1995, ASPA rules specified that no buildings, structures, or residences were to be built over public sewers. In invading and clearing Annandale’s land without an easement or other proper authorization, making the land unfit for any other use, ASPA embarked on an unauthorized taking. Such unilateral takings are regulated by definitively proscribed legal standards for condemnation. A.S.C.A.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Foman v. Davis
371 U.S. 178 (Supreme Court, 1962)
Gallin v. Poulou
295 P.2d 958 (California Court of Appeal, 1956)
Dixon v. City of Phoenix
845 P.2d 1107 (Court of Appeals of Arizona, 1992)
Nappe v. Anschelewitz, Barr, Ansell & Bonello
477 A.2d 1224 (Supreme Court of New Jersey, 1984)
Rector of St. Christopher's Episcopal Church v. C. S. McCrossan, Inc.
235 N.W.2d 609 (Supreme Court of Minnesota, 1975)
Miller v. National Broadcasting Co.
187 Cal. App. 3d 1463 (California Court of Appeal, 1986)
Denoyer v. Lamb
490 N.E.2d 615 (Ohio Court of Appeals, 1984)
Thatcher v. Lane Construction Co.
254 N.E.2d 703 (Ohio Court of Appeals, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
5 Am. Samoa 3d 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-samoa-government-v-145-acres-more-or-less-of-land-amsamoa-2001.