SXMElections.com

~ Kadaster: illegally filled at own risk ~

SIMPSON BAY--Simpson Bay business owner Marlon Halley reportedly has not heard back from any Government representatives concerning his appeal to stay on or be compensated for land that he filled and to investigate matters pertaining to the adjoining family land's transfer of rights. A second letter on the matter was submitted to Prime Minister/Public Housing, Spatial Planning, Environment and Infrastructure VROMI Minister Marcel Gumbs on March 16.

This had been preceded by other correspondence to Minister Gumbs and a petition to Parliament submitted on his behalf that calls for an investigation into what the community has dubbed "fishy business" surrounding the transfer of rights to the land (see March 4 article "Simpson Bay: Parliament must investigate land deal").

Questions posed to Parliament by The Daily Herald concerning its reaction to the petition, which was accompanied by two pages of signatures and listed some 14 attachments of supporting documents, have gone unanswered.

Halley had been instructed by VROMI to remove his belongings from the property or face "legal measures" by Wednesday, March 18. This newspaper understands that he was not approached by VROMI or by the developers, who now have long-lease rights to the land, on Wednesday.

It had been decided in court that Government had followed the correct procedures in acquiring the land and now owns it legally.

In his most recent letter, Halley requested that 90 days be granted before Government applies "the strong arm of the law to force" him off the land, so that he can look for another parcel of land to store his merchandise and operate his business.

Halley told this newspaper earlier this month that he already was looking into alternatives and researching their availability.

Kadaster's take

This newspaper asked the Kadaster Office about the legality of filled land that has been in place for many years, as Halley's business has been set up on the family plot of land for some 28 years and the illegal filling that made the land larger was done around 20 years ago.

Kadaster Director Clemens Roos said there was essentially no timeframe that legalised the use of land if it was filled illegally. "Without a permit, the filled land will remain illegal," he said. "If someone can claim illegally-filled areas then there would become a lawless 'Wild West' where the strongest would fill everything and claim it."

On the matter of compensation, Roos said that if land was filled in, it was done at a person's "own risk" and doing so did not give the government any obligation to that person.

The Kadaster Office had been criticised by the Simpson Bay community for not researching well enough, as Melford Lejuez was "clearly" listed as the land's owner on certificates of admeasurement.

In response, Roos said, "A certificate of admeasurement is a document that only reflects the location and size of a lot of land. The further information is descriptive and at that time it was often not based on the information of the public registers.

"Whatever is mentioned on the certificate of admeasurement is only valid if it is also in accordance with the public registers of the Kadaster, but this information is no basis for claims. In this case no one was registered as title holder for that property."

'Unfair'

Halley's recent letter expressed that he felt unfairly singled out in the situation.

"I have not been the first and probably won't be the last to fill in the waterways with the intention of being able to one day claim domain land locally. ... Many others have occupied domain land without Government's permission, but are yet to be evicted," he said.

"Why is it that I have to be singled out before given the first option to own the parcel of land I paid for to have filled in? Why are others not ordered to remove whatever they placed on domain land? Is it because of the location of the land? Or do those in certain positions within government have something against me?

"Why is it possible for non-nationals with money to get domain land over people born on this island? Why are non-nationals allowed to destroy the environment with such heavy cutting, filling, dredging and piling, in contrast to a local St. Maartener with limited resources who only needs a small piece of land to store and operate his or her small business or to live on without government's interference and in some instances with government's assistance?"