Prime Minister Dr Hubert Minnis touring the land and survey department on East Bay Street. Photo: Terrel W. Carey/Tribune Staff
By RASHAD ROLLE
Tribune Staff Reporter
rrolle@tribunemedia.net
PRIME Minister Dr Hubert Minnis pledged yesterday to take back Crown land from people who are using it for purposes outside the “original intent,” particularly those hoarding it for future investment.
After touring the Department of Lands and Surveys, Dr Minnis said: “People will not be receiving the people’s land just to sit on it, believing that they can use it as investment later, just hoarding the land for speculation.
“That won’t happen, so those who got land and are not utilising it and doing what they are supposed to, I will take it and put it in the bank of the people so it can be given fairly.”
The leasing and granting of Crown land has been a notoriously non-transparent process throughout Bahamian history.
Dr Minnis vowed that as the minister responsible for Crown lands he will ensure both transparency and “that land is placed in the hands of the people and used for what it is supposed to.”
In speaking of hoarding land for future investment purposes, Dr Minnis was likely referring to people who are conveyed Crown land as opposed to those who are leased it. However, legal experts say Crown land has rarely been conveyed subject to conditions, so it’s unclear what Dr Minnis could do to people who “hoard Crown land” but don’t use it without exercising eminent domain, something that itself could spur fierce legal challenges.
Crown land is usually granted as fee simple, former State Minister for Legal Affairs Damian Gomez said yesterday, meaning it’s not usually granted with claw back clauses.
“Typically, you first apply and you are given a Crown lease specifying what has to be done during particular periods,” he said. “At the end of completion you apply for the conveyance. The land is inspected and if the inspection proves you have applied with conditions they issue a grant. Once you get the grant you could do what you please unless there is a further restriction in the conveyance, but in most Crown grants they just give fee simple and you go on your merry way,” he said.
Attorney Fred Smith, QC, who heads a non-government agency seeking relief and legal redress for people who have applied for Crown land but have not received a response to their application, also said reclaiming Crown land from people to whom it has been granted would be a challenge.
“Sometimes conveyances contain restriction clauses, saying it is conveyed only for residential purposes or only for commercial purposes, but not most of the time,” he said. “If conveyed for residential purposes and it’s used for commercial purposes then the Crown can get an injunction that can restrain you from using it for that purpose. But if the government stood by for 15 years and allowed land to be used for reasons not conveyed, then it’s going to be difficult to enforce that. It’s very much based on individual circumstances and it’s better to look forward than backward,” Mr Smith added.
Meanwhile, Mr Gomez said Dr Minnis could boost oversight of Crown leases to ensure that the conditions of the leases are complied with.
“The lands department is not that big,” he said. “I don’t know that they have resources to chase up and down the Bahamas to make sure people are doing what they are supposed to be doing when leased Crown land. But there are ways of dealing with that. You can use different government departments with representatives on the Family Islands to give regular reports about that and an administrator of a district could be asked to ensure that lands subject to Crown lease are being managed consistent with the lease requirements.”
The government is said to receive thousands of applications for Crown land per year, with most applicants never receiving a reply to their application.
Richard Hardy, the director of lands and surveys, did not speak to The Tribune yesterday about the matter after the prime minister’s tour of his department, saying he had a meeting.
Mr Gomez and Mr Smith said the government should establish clear criteria for which Crown land can be leased or granted and ensure the criteria is disclosed to the public.
“It should form the basis upon which anyone who makes an application will have a transparent, accountable and due process opportunity for the consideration of their application,” Mr Smith said. “The Local Government Act should be amended so all Crown land in family Islands should be vested in the district councils so that in conjunction with the responsible minister, Family Island local governments would have an effective say in the development of their islands and use of Crown lands.”
Tex Turnquest, the former director of lands and surveys, was forced to resign from his post in 2009 by then Prime Minister Hubert Ingraham after The Tribune revealed that five parcels of Crown land in Forbes Hill, Exuma had been granted to his friends and family.
Shortly after being granted, the parcels of land were ‘flipped’ to foreign buyers for significant profits. Tribune Business also previously revealed that the first Christie administration granted well-known Bahamian contractor and PLP supporter, Edward Penn, some 7.366 acres of prime commercial land on Gladstone Road for $221,000 in 2006. The same property was turned into mortgage security for a $7 million loan within three months.
Comments
TalRussell 6 years, 10 months ago
Comrade Rt. Honourable Prime Minister, I'll believe you're serious after you take back the people's crown lands, said be worth $1.5 Billion from Baha Mar, the some 16 Private Islands signed over to Hotels and Cruise Ship Companies - plus the 150 Private Islands, signed over to foreigners and locals alike........And, we must take back our Beaches from all, who have grown to treat them likes they is they private properties.
PM, under the conditions the original agreement of lands that Baha Mar sits on - neither Izmirlian, or the Chinese, have fulfilled their land obligations to the - It's the People's Time" government.
observer2 6 years, 10 months ago
Comrade Tal, boy you on point. All da foreigners dem gets ta keep dey foreign lands dat day ain use (don't forget 8,000 for III foreigner in mayaguana) and us poor, black illiterate people get one acre a scrub lands wit no light or water and dis UBP ga take it from we after we just vote for dem fa da first time since 1956. Boy we get swing bad bad.
licks2 6 years, 10 months ago
But on point. . .the people don't own any land at Baha mar. . .the developer had already defaulted on the loan. . .thanks to the crooks in the PLP. . ."dat lan done gon chile". . .them Chinese dem own dat nah!! And for future post by this wonkie poster. . .stop encouraging tal with he/she buncha lies! You ask me how I know that information is very likely not true. . .duh. . .it came outta Tal. . .I rest my case!!
Publius 6 years, 10 months ago
All Dr. Minnis has been doing since his party was elected is touring government offices as though he is a foreign head of state, holding photo ops and making often impractical or unenforceable proclamations off the top of his head that he thinks will make him look good in the eyes of people. He is behaving as though he is still on the campaign trail and that he does not understand election season is over.
licks2 6 years, 10 months ago
So what the DNA is doing since they last cut tail at the polls? Where are Bran and that big mouth Shelly fella!! I thought sine we are noticing some glaring things since the election I tot I'd mention that to you pub!
TalRussell 6 years, 10 months ago
Comrade Publius, it's the one pulling Minnis's strings - way within red party of keeping the "Der Leader" looking busy - running all over and abouts Nassau Town - whilst they's be faking how he's really the one in-charge da whole government.
observer2 6 years, 10 months ago
yeah, he running all over da play but D'Agular and da next one getting duty free commercial washing machines and low low business license fees on dey big big business.
i ain see nuttin in dis fa me.
BahamaPundit 6 years, 10 months ago
I'm beginning to get a little uneasy about everything Minnis says. I'm beginning to wonder whether anything he says he will do will actualy happen.
observer2 6 years, 10 months ago
he gettin like da last one, Christie, erry night ga sumtin ta say but da lights dem still go off.
TalRussell 6 years, 10 months ago
Comrade BahamaPundit, a major first error of this Red Regime was to present as it was theirs the already prepared budget of the former PLP government. They need to scrap that PLP Budget and return to the House with their own Budget Day Budget. Not sure if this was "KP's" call or not - but it was a "fake Budget?"
A "fake Budget" neither "KP", the PM or members cabinet read before it was presented to the House.
Comrades didn't we just go through something similar when the PLP's minister of state for finance read something at their party's convention about where all the VAT money went but it was not factual?
observer2 6 years, 10 months ago
das right Tal, dey should go in and say dey can't budget because dey ain know da bills outstanding, dey ain read the Baha Mar deal ($100 million borrowed from chine ta pay employees and contractors), dey ain know how much get tief from BEC, now up to $3 million. If I was KP i would say I ain know nuttin because dey accounts are a absolute mess. I ain even talk bout Resolve (aka BoB) and how much NI gat on deposit at BoB, and if dey ga get pay bay to pay ma montly pension.
We goin to junk by September. I get swing bad, i tought it was "our time". Look like it "you know who's time".
licks2 6 years, 10 months ago
Well at least ya now admitting that that big pile of waste presented in the HOA was done by the PLP! No don't scrap it. . .use it. . .let the people see waht crookedness the PLP would still have done to them even saying they will do lil better if the people did vote them back in on May 10. . .keep reading their slackness and corruption into the public. . .MAKE SURE THE PEOPLE WILL NEVER LET THEM NEAR ANY MONEY THAT EEN THEY MAR OWN. . .
birdiestrachan 6 years, 10 months ago
There he goes again just talking. maybe he will begin to twit some early mornings.
baldbeardedbahamian 6 years, 10 months ago
BIRDIE STRACHAN IS A PAID PLP TROLL. IGNORE WHATEVER IT POSTS.
sheeprunner12 6 years, 10 months ago
If Minnis is serious about being transparent ............... He will publish maps of every Bahamian island, showing WHERE the available Crown Land is located, and WHO has Crown Land leases on each island and for what purpose .......... ITS THE PEOPLES TIME!!!!!!!
observer2 6 years, 10 months ago
boy you ain know da registry ain computerize. we don't even know where da crown land is and who it was given to. alot a records done distroy
licks2 6 years, 10 months ago
Go right down town on east bay street and you can see were every grain of sand on crown land is and who owns it. . .pay not attention to those persons up to. . .ya ger have five more years of they gutter lies. . .they just "beat-up" PLP and DNA. . .hahahahahahahahahahahahahahahahahahhahahahaha. . .doc rockin while yinna fummin. . .hehehehehehehehehehehehehehe. . .whap. . .das what I talkin bout. . .doc rockin all ova da place!!
BahamaPundit 6 years, 10 months ago
Yes. Sheeprunner12. Let Minnis give us real things. Real maps of our land!!!! Talk is cheap and Minnis words starting to sound like pennies!!!
sheeprunner12 6 years, 10 months ago
Copyright that one ........ Talk is cheap and Minnis words starting to sound like pennies ........ I sure hope that we will both be proven wrong by 2022
TalRussell 6 years, 10 months ago
Comrades! Minnnis was elevated into Papa Hubert's red regime's 2007 cabinet after winning the Killarney seat to the House of Assembly.....of which he performed nothing like the new Sheriff he now claims is in town whilst managing in his 2007-2012 ministerial post?
Even as leader of Her Majesty's Loyal Opposition, he wasn't Sheriff enough engaged to have restrained the member for Long Island "Reheasa" to remain seated in her House seat?
licks2 6 years, 10 months ago
And where is ya sheriff tal. . .oh I just member. . .we just send that poor excuse for a PM home with his whole cabinet. . .so for now. . .leave the new sheriff alone. . .let him do his work. . .stop getting mad because he is "diggin up" in yall dirty business. So as Juan McCarty of the revolution says to yall PLPs. . .SHUT THE HELL UP. . .WE DON'T WANT TO HEAR NUTTIN FROM YALL. . .JUST DON'T SAY ANYTHING! As for 2022. . .don't worry about that baby doll. . .that one will be between the Branless DNA and the rocin doc red party. . .and if you think we the people will not put that "red salami" on him too. . .YOON LEARN NUTTIN FROM THE MAY 10 SALAMI CUT HIP WE PUT ON YALL. . .so leave doc alone while he throw the rest of yall PLP over board and let the shark dem eat yall tiefin hips so that we never have to deal with yinna ever again. . .EVER!
banker 6 years, 10 months ago
Tal, you have reached hemorrhoid level with that remark. Doesn't your partisanship allow you to have any self respect?
sheeprunner12 6 years, 10 months ago
If Birdie is Brad ............ then who is Tal?????? .............. Brave?????? (The hidden KGB spy)
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