37.0203 Instruments affecting title to land-Duties of Commission.

Cite as [A.S.C.A. § 37.0203]

(a) All instruments affecting the title to land which require the approval of the Governor before becoming effective shall be filed with the secretary of the Land Commission for study and recommendations thereon by the Commission.

(b) The Commission shall meet from time to time upon call of the chairman and make recommendations to the Governor respecting the approval or disapproval of instruments affecting the title, ownership or possession of land so submitted for consideration and approval.

(c) It shall be the duty of the Commission to endeavor to prevent the monopolistic ownership of land and improvident alienations of communal lands by those charged with the management and control thereof.

(d) The Commission shall also conduct studies and make recommendations to the Governor for the improvement of the registration, recording and indexing of instruments affecting land and property rights and surveys and plotting of land.

(e) The Commission shall also make such general recommendations to the Governor as may be considered appropriate for the maintenance of orderly and permanent records respecting the ownership of land and other property.

(f) The Commission shall make such rules governing its procedure, as it shall deem proper.

History: 1949 Code § 12-81; readopted 1980; PL, 16-88 §§ 1, 2; 1982, PL 17-31 §§ 1, 2.

Case Notes:

The Land Commission carried out its duty to prevent “improvident alienation” of land by asking the sa’o if he had consulted with his family before conveying communal land, but the Commission is under no obligation to absolutely prevent such a conveyance. A.S.C.A. § 37.0203(c). Vaimaona v. Tuitasi, 18 A.S.R.2d 88 (1991).

The Governor and the Land Commission must approve conveyances of communal land. A.S.C.A. §§ 37.0203-37.0204. Magalei v. Atualevao, 19 A.S.R.2d 86 (1991).