SXMElections.com

SIMPSON BAY--Simpson Bay residents are pulling together after again being faced with uncertainty concerning the area's development.

The latest stir surrounds the possibility of long-term resident and business owner's eviction from a plot of land on Simpson Bay Road. After fighting in court, the community will submit a petition to Parliament today, March 4, demanding a thorough investigation into the "fishy business" surrounding the land deal.

Marlon Halley is facing the possibility of another court case or eviction after operating his maintenance business on the plot of family land for some 28 years. The plot is located next to what is commonly known as the old BBW building.

The long-lease rights of the family land were granted to EFB Properties by the Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VROMI last year, a move contested by the community because of the circumstances surrounding the grant, as well as socio-cultural and environmental impacts of future development plans.

Things become more complicated, considering that the Kadaster describes the long-lease plot as being measured at 810 square metres. Since losing in court, Halley has moved his belongings, including a boat and large storage container, to a part of this plot that is not counted in the 810m3 measurement.

As it stands, the boundaries have been marked clearly, separating the EFB land from that still used by Halley. He says that he is within his rights and refuses to move. The group expects EFB representatives to try to evict him and said the police already had been called to the location. The group is preparing to contest any attempt at removal of the property, with one attempt being expected today, or soon.

The Daily Herald called Attorney Jeroen Veen yesterday afternoon and he confirmed that Halley was now claiming some land that had been filled. He said the filling was illegal and it could not work that way after the court had decided that the land no longer belonged to the family. He was not sure at the time whether EFB might try to evict or go to court again, but said he expected the situation to drag on.

Halley said the land had been filled more than 20 years ago, after the passing of Hurricane Luis. He said VROMI had visited him four weeks ago, reportedly in connection with illegal filling, but at the time he only had been clearing debris from the waterside.

Furthermore, he said the filling material was worth some US $210,000 and if he were to be kicked out he should be compensated at the very least. However he said the other issues concerning the rights of the heirs would remain if that were the case.

The community asserts that the Government never should have been given the rights to the land in the first place and that there are many heirs. Notices had been placed in the media for any owners to come forward, but this was said to have been vague and easy to miss. Most heirs also live off-island.

The community said that when one person had come forward the person, who lives in Aruba, had been paid "to go away" to the tune of NAf. 1 million. However, he was not the only heir to the land and many of the others have put a lien at the Kadastre's Office. These are the rightful heirs, the community insists.

They are also questioning why the same law firm, Lexwell Attorneys, could have represented Government as well as EDF. They said the entire process of land rights being transferred had happened unusually quickly – within a matter of months – while some residents had requested land 30 to 40 years ago and had not received any.

Halley said he had requested rights to the same property twice, but it never had been granted.

The residents clearly believe they are arguing until blue in the face and therefore have decided to approach Parliament with a petition demanding an investigation into the situation. As of yesterday evening, two full pages of signatures were shown to this newspaper and a few more were expected.

This is not the first time the community has appealed to Government formally about concerns relating to the area's development. They have been doing so for some time now, throughout the land-rights court proceedings as well as while zoning plans were being discussed. Sustainability, environmental impacts and cultural impacts also have been a concern.

If development on the plot of land in concern materialises, "a pier, hotel and facilities and amenities to service smaller cruise ships" are planned, for which an area of more than 5,500 square metres in water rights was requested for construction. The impact on the both the coastal environment and on the historic village is feared.