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Library Resource
This Chapter provides for certain aspects of the enforcement of a mortgage. The High Court may assess the amount due upon a mortgage whether of real or personal property, and shall render judgment for the amount awarded, and the foreclosure of the mortgage. Execution may be issued on the judgment, as ordered by the court. All prior and subsequent mortgage creditors whose names are or can be discovered by the party foreclosing a mortgage, shall be made parties to the action.
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Library Resource
This Chapter provides for certain matters relating to title in land. The owner of any land in American Samoa, not previously registered, may register his or her title thereto with the Territorial Registrar, but no title shall be registered unless the Registrar is satisfied that there is no conflicting claim thereto and unless the description clearly identifies the boundaries of the land. Every registration shall specify whether the land is registered as family owned communal land or individually owned land.
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Library Resource
This Chapter makes provision for the administration of estates of deceased persons. The estates of deceased persons shall be administered in the Trial Division of the High Court, which shall have exclusive jurisdiction over such estates. Section 5 defines the priority for granting letters of administration of estates to relatives, creditors or persons appointed by the trail division of the High Court. Sections 6 and 7 concern qualifications of administrators and executors.
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Library Resource
The Provisions of this Chapter regulate certain aspects of the creation and enforceability of mortgages on real property or fixtures. Every transfer of an interest in real property or fixtures made as security for the performance of another act or subject to defeasance upon the payment of an obligation, whether the transfer is made in trust or otherwise, is to be considered a mortgage and shall create a lien only as security for the obligation and shall not be deemed to pass title.
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Library Resource
The senior matai in charge of communal lands belonging to his family, or the male members of the family owning and residing on communal lands, or the owner of individually owned lands or freehold lands, shall have the power and authority, as limited by this Chapter, to agree with any person that any structure now existing or hereinafter erected on such lands shall not be or become a part of the real estate, but shall remain separate and distinct therefrom, subject to ownership separate from the land, and also subject to the right of removal by the owner of the structure.
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Library Resource
This Chapter makes provision for the expropriation of land in American Samoa by the Government for public purposes and for lease of public lands. Where possible, the Governor shall consult with the Legislature about proposed condemnation projects, and shall obtain the advice of the Legislature on all such projects. Compensation shall be paid. Land not used for the stated public purpose within five years of condemnation shall be returned to the owner.
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Library Resource
This Chapter makes provision for guardianship in relationship with adminsitartion of estates of a minor or of a person who is for any cause mentally or physically incompetent to manage his own property. Guardianship proceedings shall be administered in the Trial Division of the High Court, which shall have exclusive jurisdiction over guardianships. Section 3 defines the qualifications of guardianship. Every guardian shall have power to sell the personal estate which has come into his hands, under such terms and conditions as may be imposed by the Trial Division of the High Court.
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Library Resource
This Chapter provides for certain aspects of inheritance of real property. When any person having any title to any real property dies without disposing of such real property by will, it shall be succeeded to and must be distributed, subject to the payment of debts and the rights of dower, in the manner as set out in section 2. If there is no one capable of succeeding to either real or personal property, the real and personal property of the decedent shall escheat to the government as the ultimate heir.
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Library Resource
This Chapter provides for the disposal of (real) property by will and execution of wills. It defines certain requirements regarding execution, rights of spouse of the deceased person and legal procedures. A surviving spouse may elect to take dower instead of property devised or bequeathed to such spouse.
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Library Resource
This Act declares that it shall be the public policy of American Samoa and the purpose of this Chapter to promote soil and water conservation by creating a Soil and Water Conservation District to advise on methods of preventing erosion, and protecting and improving water quality.
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