Guam committee hears proposal letting homeowners buy small government lots to fix setback violations

Vice Speaker Tony Atta convened a public hearing Friday on Bill 79-38 COR, a proposal that would authorize the sale of a portion of Block 8 (described in testimony as a park area adjacent to private homes) so that neighboring homeowners can buy land needed to meet setback requirements.

The bill’s author said the measure is intended to help homeowners whose existing houses violate current setback rules obtain mortgages and make repairs by allowing the owner to purchase up to 3,600 square feet of adjacent government property. Under the draft language, a purchaser would pay fair market value and be responsible for any required appraisals and surveys.

The measure’s sponsor and proponents said the problem arises when houses built decades ago became nonconforming under later setback rules. “I’m not here to ask for anything free from the government of Guam or to take away anything from the people. I’m here to make something right that I was not aware of,” homeowner Kevin Sysweco said in oral testimony describing his difficulty refinancing a home after a bank flagged setback issues.

Joseph Artero Cameron, introduced as a commissioner of the Chamorro Land Trust Commission, and other witnesses described practical difficulties in earlier attempts to resolve ownership and obtain a variance. Testimony noted confusion about which agency holds title to the parcel; one member said Department of Parks and Recreation had previously been identified as the owning agency for the site. Committee members asked whether alternatives such as easements had been pursued and whether proceeds from any sale should be directed to recreation programs if the land is DPR property.

A witness who identified himself as “Director Steves” cautioned the committee that different government entities hold different parcels and that some land may be subject to federal covenants or bond restrictions that could block a sale. He also suggested a limited grandfathering approach for older homes and warned of operational constraints: surveys and other implementation steps could take months because of the small number of surveyors on-island.

Committee members pressed for clearer maps and title verification; one senator said she could not find a map attached to the hearing materials and urged GEDA and the Department of Parks and Recreation to confirm ownership before markup. Questions also touched on whether proceeds from a sale should be deposited into the Tomorrowland Trust Infrastructure and Survey Fund or redirected to DPR-led recreation programs in the affected village.

No formal action or vote was taken during the hearing. Committee members said they would request additional documentation — including property maps, title/ownership confirmation, and the results of inquiries into whether federal covenants or bond restrictions apply — before any markup.

The committee adjourned the public hearing on Bill 79-38 COR and moved to the next item.