Rule E High Court Approval of Rental Compensation Payments
Rule Text
(1) Within 15 days after receiving a certification by the village/county councils, the High Court shall give at least 15 days’ notice of a hearing on the certification in the applicable rental assessment proceeding and forward an appropriate notice to each village/county council. The notice applicable to each village shall be posted by the village/county council for at least 10 consecutive days at two public places in the village during notice of hearing period. Proof of posting shall be established by an affidavit in a form prescribed by the High Court and filed with the High Court no later than the date of the first hearing on the certification.
(2) The objective of the hearings is the approval of the certifications as the basis for the High Court’s respective orders giving written notice to the Secretary and National Park Service on behalf of the United States of America and to the Governor on behalf of the ASG that the prerequisite conditions for the rental compensation payments have been met for each village. These court orders shall not be issued unless and until all certifications submitted by the village/county councils have been approved by the High Court. The hearing on each certification may be continued from time to time in order to accomplish their objective.
(3) At the hearings, the High Court may address the following matters as may be necessary in the court’s discretion to conclude the rental compensation proceedings.
(a) The court shall seek to resolve any discrepancies between the names of the persons signing in the landowners’ participation agreements and the payees listed and other information contained in the certifications filed by the village/county council.
(b) The court shall identify owners who then indicate that they no longer want their lands included within the Park, and shall establish the size and type of these withdrawn lands for the purpose of fairly reducing the amount of the rental compensation allocated to the villages in which these lands are located.
(c) The court shall endeavor to determine any remaining differences over the certifications by the village/county councils without formal adjudications of ownership and boundary issues. For this purpose, these differences with respect to each certification shall be in writing and shall be submitted to the court no later than the date of the first hearing on the certification, unless the court permits enlargement of this time period in particular instances.
(d) The court shall take up any other relevant and material matters, whether substantive or procedural in nature, concerning the certifications by the village/county council which may be raised before or at the hearing on each certification. Effective October 18, 1993.