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Government being taken to court over leasing of Simpson Bay land
by The Daily Herald
Posted: Jan 6, 2006 14:17 UTC
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PHILIPSBURG - The Executive Council is being taken to court to explain its decision to give three parcels of land in Simpson Bay on long lease to Tradewinds Development Corporation N.V.
Two companies, EFB Properties N.V. and Pan American Shipping Co. N.V., are claiming that the Executive Council’s decision #705 dated July 27, 2005, is null and void, as the land has already been assigned to them on long lease.
“I can confirm that the Executive Council has been contacted and that we will see them in court, as we have occupied this land for more than 30 years,” EFB Properties representative Caroline Buncamper told The Daily Herald Thursday.
She was reacting to a page one article in Thursday’s issue of this newspaper in which it was reported that Government had made the three parcels of land available to Tradewinds Development Corporation N.V., which says it intends to develop small upscale condominiums on the property.
The land in question is the property on which BBW’s cement bagging plant currently is located near the Simpson Bay bridge, together with three other lots surrounding it.
The planned development of the property to build condominiums has angered a number of residents of Simpson Bay who, along with fishermen in particular, are questioning the government’s decision.
Sources close to the project explained that the intention was to re-locate BBW’s bagging plant to Pointe Blanche at the harbour and have the entire property developed within a few months.
The well-placed sources also reported that the deliberations leading up to the decision to grant the long-lease to Tradewinds Development had been the cause of much tension and friction within the Executive Council and the governing DP.
Tourism Commissioner Theo Heyliger had alluded to the possibility that a fuelling station for megayachts would be built there, during a television interview on AVS News in November, but those plans apparently have since been changed.
People’s Progressive Alliance (PPA) candidate Philip van Delden has joined in support of the Simpson Bay residents and fishermen, who he said had had their last hope (the land) taken away from them.
Van Delden said, “I want to ask the Executive Council how they will justify doing what they did. Here you have a prime piece of property which was the last hope for the community of Simpson Bay to have a national park or a fishing ground area being taken away from them.”
He said, “The per square meter cost for the property is US $1,000 and with three lots it is about 4000 square meters so we are looking at US $4 million. We are not against a local person owning the land, but the person has no construction licence or means to finance its development.”
Van Delden continued: “I believe a terrible precedent has been set and it looks very suspicious, as I suspect something is behind it. So let the Executive Council justify how one commissioner’s alleged interest could result in one person getting this piece of property.”
In a letter dated November 24, EFB Properties N.V. and Pan American Shipping Co. N.V. told the Executive Council, “It has come to our attention that the Executive Council of St. Maarten took a decision on July 27, 2005, number 705, whereby three parcels of land situated in the district of Simpson Bay are being given out in long lease to Tradewinds Development Corporation N.V.
“The above mentioned parcels are described in certificates of admeasurements number 42/1981, 20/1974 and 118/1972. For your information the latter two certificates (20/1974 and 118/1972) are already assigned in long lease to respectively EFB Properties N.V. and Pan American Shipping Company N.V. for a period of 60 years as of the date of issuance. Both companies form part of EFB Group of companies founded by the late ME.E.F. Buncamper.”
The letter further states, “Consequently we inform you that your decision to give out the two parcels in question is null and void.”
To date, the Executive Council has reportedly not responded to the letter, prompting the decision by the EFB Group to take the matter to court.
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