The Superior Court of Guam has ruled that the Guam Housing and Urban Renewal Authority exceeded its statutory authority when it condemned private land in Mangilao for a planned stand-alone medical campus. Judge Elyze Iriarte determined that GHURA’s eminent domain powers apply only to projects involving housing and related facilities, concluding the agency acted ultra vires in taking properties owned by Hong Yi Tian Inc. and Dr. Joel Joseph.
The Court found no evidence that GHURA intended to construct low-income housing as part of the project, noting that the medical campus plan contained no housing components. Because the law defines GHURA’s “projects” as housing projects, the judge held that the agency cannot condemn land solely for non-housing purposes. A separate order will direct the return of $6.6 million deposited as just compensation.
Governor Lou Leon Guerrero expressed disappointment with the ruling, emphasizing that it limits only GHURA’s use of eminent domain and does not prevent the agency from purchasing land for the medical campus. She said the administration remains committed to advancing the project and exploring legal remedies, including an appeal.
The Governor separately withdrew her call for a special legislative session on related infrastructure funding, citing the need for lawmakers to review the Court’s decision. She noted that the ruling affects different parcels than those slated for power and water upgrades, which she said will continue as planned.