Public hearing on bill to sell tiny Chamorro Land Trust cliff parcel to adjoining homeowners

A public hearing before the Committee on Land, Environment, Housing, Agriculture, Parks, and Infrastructure on Oct. 15, 2025 considered Bill 1-31-38, which would authorize the Chamorro Land Trust to sell a small, fractional portion of Lot 5174 REM-1 to the adjoining homeowners, Nicole and Stuart Kelly.

The bill was described at the hearing by Vice Speaker Tony Atta, who said the parcel "consists of 138 square meters, which is less than 15% of the standard lot size for single family homes on Guam." He told the committee the homeowners built a safety railing as a condition of obtaining an occupancy permit after renovating their home; part of that railing sits on CLTC land.

The nut graf: supporters and CLTC commissioners said the parcel is unusable for trust purposes and that past CLTC resolutions recommend a sale if the Legislature approves; opponents in the hearing raised concerns about setting a precedent for other cliff-line properties owned by CLTC.

Joseph Flores Arturo Cameron, Chamorro Land Trust commissioner, summarized the commission's record of support for the sale and its view that the lot has "no practical value" to the trust because it is cliffside and too small to build on. Cameron noted the CLTC adopted a resolution in 2019 supporting the sale and later reaffirmed that support in 2025. He said the sale proceeds would be deposited into the Tomorrowland Trust Infrastructure and Survey Fund.

Nicole and Stuart Kelly testified that the railing was constructed during a 2016 renovation and that they seek a lot-line adjustment "to come into compliance so that we can pass the property down to our children without any issues or encumbrances." The Kellys told the committee they had been pursuing the matter for seven to eight years and that CLTC minutes from 2019 and 2025 documented support for their request.

Senators on the panel asked clarifying questions about appraisals, other possible encroachments along the same cliff, and the CLTC’s process. Senator (first reference) asked whether an appraisal had been performed; the Kellys said any appraisal would occur only after legislative approval and that the bill contemplates appraisal prior to acquisition. Senator (first reference) also pressed whether neighboring properties also encroach on CLTC land; Commissioner Cameron and the CLTC materials presented said they were not aware of other encroachments immediately adjacent to the Kelly property.

Committee members repeatedly framed the matter as a potential "floodgate" issue: Senator concerns focused on whether approving this sale would require similar approvals for other cliff-line homeowners who might later claim CLTC land under the same theory. Cameron urged lawmakers to consider clearer policy or legislation to manage such requests in a consistent, island-wide way rather than handling them case by case.

No formal committee vote on Bill 1-31-38 was taken during the public hearing. Committee staff and witnesses said that, if the Legislature approves the sale, an appraisal would be completed and recorded before the transaction proceeded.

Ending: The committee closed the public hearing on Bill 1-31-38 and proceeded to the next item on the agenda. The hearing record includes CLTC minutes dated March 7, 2019 (CLTC resolution 2019-05) and a CLTC board meeting of May 22, 2025 supporting legislative intent; the Kellys and CLTC commissioner materials were entered as testimony during the Oct. 15 hearing.