Ferreira

Diana Ferreira sued to quiet title in three parcels of land in the Commonwealth of the Northern Mariana Islands (“CNMI”) which she had purchased from the Borja family. Ferreira is a person of Northern Marianas descent who obtained financing for the land from persons not of Northern Marianas descent. In return for the financing, she entered into a partnership agreement with these persons in which she agreed to lease the land to the partnership for 40 years.

Article XII of the CNMI Constitution restricts ownership of Commonwealth land to persons of Northern Marianas descent. 2 At the time Ferreira entered into the agreement, Article XII permitted persons not of Northern Marianas descent to hold leases of up to 40 years. It has since been amended to allow leases of up to 55 years. CNMI Const, art. XII, § 3.

The Borjas contested her claim to title, arguing that their sale of the land to her was void because it violated Article XII by giving a permanent interest in CNMI land to persons not of Northern Marianas descent.

The CNMI Superior Court granted summary judgment in favor of the Borjas, holding that the land sale violated Article XII because Ferreira had bought the land as an…