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Executive Council to investigate distribution of Simpson Bay land
by The Daily Herald
Posted: Jan 12, 2006 19:45 UTC
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PHILIPSBURG - The Executive Council has launched an investigation into the distribution of long lease land to Tradewinds Development Corporation to determine whether the proper procedures were followed.
It will also have to evaluate the claims by EFB Properties NV that it has occupied the land in Simpson Bay where the BBW bagging plant currently is located, for nearly 33 years; that it was instrumental in filling in the waterfront property; and, that it is the rightful owner of the property on long lease agreement.
The announcement that the investigation will be conducted was made in response to questions by journalists during Wednesday’s Executive Council press briefing at Dr. A.C. Wathey Legislative Hall.
Commissioner Roy Marlin, who fielded the questions, said, “I will not go into any detailed clarification. What I will state is that we discussed it yesterday (Monday) at the Executive Council level and we asked the relevant departments to look into the several letters that were written by the principals and once we get the advice we can make a statement.”
He said that, based on the statements and the letters that were written by the principals who claim ownership, the Executive Council had requested the relevant departments that were involved in drawing up the advice to look at it again to make sure that no mistakes had been made when the parcel of land was issued.
“That is going to be done now, and hopefully by next week we will have something on paper which explains the whole process and make sure that whichever process was followed was followed correctly,” said Marlin.
Following an article in The Daily Herald indicating that the Executive Council had made the decision on July 27, 2005, to give the land to Tradewinds Development Corporation on long lease, EFB Properties stated it would take the Government to court over its decision, as EFB Properties had not been informed of any change to the agreement by which it had rightful use of the property.
According to reports, the intention was to move BBW to a spot at the Pointe Blanche Harbour and the Simpson Bay land would, according to the developer in his letter to the Executive Council dated February 27, 2005, be used to build condominiums.
After French side Designer Paul Klimenko confirmed that he had been approached by Commissioner Louie Laveist to create a design based on some concepts he (Laveist) had for the development of the land, St. Maarten People’s Party (SMPP) leader Johan “Janchi” Leonard demanded an investigation to determine whether there was any wrongdoing and who the rightful owner of the property was.
Meanwhile, according to sources, records in Domain Affairs indicate that there were three lots in question for the transfer to Tradewinds Development Corporation.
The property in question has four lots of land and at present BBW occupies three pieces, while EFB Properties occupies the fourth. According to the source, Cari Cement has the right of long lease for one piece, which it gave to BBW to use, and BBW has also made use of two other pieces for which there appears to be no right of long lease.
In addition, it now appears that EFB Properties may have built on a part of the three lots occupied presently by BBW, which forced a change in the certificate of admeasurement, as it is not possible to break down what EFB Properties has already constructed.
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