The Attorney General of the Marshall Islands, Bernard Adiniwin, has initiated legal action to contest an 18-year-old law that he argues presents a major obstacle to the country’s efforts in securing funding for climate adaptation initiatives. The legal petition, filed in the High Court against Speaker Brenson Wase, targets Section 105 of the 2008 Public Lands and Resources Amendment Act. This section stipulates that newly created landfill automatically becomes the property of the adjoining landowners. Adiniwin asserts that this law is in conflict with the Marshall Islands Constitution, which allows the government to acquire land for public purposes, including reclamation, provided such actions comply with legal requisites and constitutional mandates for just compensation.
The implications of this legal challenge are critical, particularly as hundreds of millions of dollars in future funding for climate adaptation and land reclamation projects depend on resolving this issue. The national government is pursuing a National Adaptation Plan that needs tens of billions of dollars to tackle serious challenges associated with rising sea levels. If newly reclaimed land were to remain privately owned, it could significantly undermine the country’s ability to secure donor support, which typically mandates that funded projects serve a public function.
This concern has been echoed during prior legislative sessions, where representatives such as Enewetak Nitijela Member Jack Ading raised questions about whether reclaimed lands should fall under government control or be assigned to adjoining landowners. This ambiguity has already impacted the government’s capacity to effectively plan and implement reclamation initiatives.
Finance Minister David Paul highlighted the urgent need to address the legal conflict, warning that an unresolved situation would hinder the government’s ability to utilize public funds effectively or attract vital donor support for public-benefit adaptation projects. The Attorney General referenced a 2012 Supreme Court decision that could strengthen his position, which established that land created for governmental utility projects is considered government property, underscoring the view that reclamation authority should rest with the government, not extend to individual landowners.
Adiniwin has called upon the High Court to declare Section 105 of the 2008 law unconstitutional and void, advocating that land produced through government-funded or donor-funded reclamation projects should be classified as public land. He also urged the court to expedite the hearing process due to the urgent nature of ongoing donor-funded projects that require legal clarification.
As of now, no hearing date has been determined, but the potential ramifications of this case are considerable. A favorable ruling for the Attorney General could not only resolve the current legislative ambiguity but also facilitate greater public funding to address the pressing climate challenges faced by the Marshall Islands. This legal initiative reflects a proactive approach to safeguarding the future of the islands amidst ongoing climate threats, promising a hopeful outlook for the necessary adaptations ahead.