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Editorial for 8 February: Of government land acquisition
08 February, 2012

Talk about being between a rock and a hard place - we don’t envy either the government’s or Premier McKeeva Bush’s position when it comes to finding land to relieve overcrowded cemeteries on Grand Cayman.

More than 30 people showed up at the John A. Cumber School Hall Monday night to hear Mr. Bush explain that a resolution has been found for the West Bay Cemetery.

But he predicts its going to be costly and the property may have to be taken by compulsory acquisition.

In addition to putting up the millions it will need to acquire the land, government is also going to be faced with rezoning the land, de-mucking and filling the site roughly seven feet because of a high water table. Basically, the government is looking at buying swamp to extend the cemetery.

We understand the need for government to acquire land for certain public purpose like building a road. But we have to question using that option to get land for a cemetery.

According to the law in the Cayman Islands compulsory acquisition can be done by government when the land is needed for a public purpose, but who defines what that public purpose is and whose land is safe from this type of acquisition? The law reads that once Cabinet declares a piece of land is needed for a public purpose, that it shall be compelling evidence that the land is indeed given over to the government. What is the potential effect of this law on future investment in the Cayman Islands?

We also have to question the figures being tossed around on this project.

The owner apparently wants $11 million for the land, but Mr. Bush believes it can be acquired for about $2 million. Unfortunately a Caymanian bank in 2006 loaned more than $6 million on the property for a proposed project. It’s rather unusual for banks to loan more money than a property is worth.

Mr. Bush is right.

This is going to be a costly process, but under the current law it looks as though the owner could be in for a surprise when the court finally does come up with a final figure.

 

 

 

 
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