‘NO RESPONSE’ TO 30,000 CROWN LAND APPLICATIONS

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net 

SUCCESSIVE governments have not formally responded to more than 30,000 crown land grant applications, lawyer Fred Smith claimed yesterday. 

He made the statement while announcing to The Tribune that a new non-profit organisation called Crown Land for Bahamians (CLB) has been established to systematically address issues relating to crown land in the country for the first time in the nation’s history. 

The organisation will raise awareness of key issues and provide legal representation to people seeking to sue the Prime Minister for not responding to crown land applications in a timely manner or for neglecting his legal responsibility to consider only legally relevant matters when deciding whether to grant crown land. 

Crown land is held in trust by the state, with the Prime Minister alone being the statutory trustee of the land. 

Mr Smith said: “The CLB was recently incorporated and it is intended to highlight the perversion of foreign developers being given crown land for nothing whereas there are thousands and thousands of Bahamians who have for decades applied for crown land and have not even had the courtesy of a response.”

“This is a new day and age in the Bahamas,” he said. “The new organisation will be suing the government for individual Bahamians for their entitlement. The new NGO will be setting up a register of applications and inviting all those who have made applications to register with CLB so that we could appreciate the extent of government abuse of our own Bahamian people.

“Under law, the Prime Minister cannot ignore applications. In deciding whether to grant or not, he could only take into account legally relevant factors and he cannot take into account legally irrelevant factors and the decision must be based on rational grounds and he cannot act arbitrarily or politically. He must exercise his power for the benefit of the Bahamas - and the Bahamas consists of 375,000 Bahamian citizens.”

In April, Acting Director of Land and Surveys Richard Hardy told The Tribune that his department receives about five to ten applications for crown land daily. However, when asked how many people have been granted crown land so far in 2014, he said he would have to take instructions from the Prime Minister about whether that information should be given.

Mr Smith said: “Despite enquiries by journalists, the department has refused to make available the statistics, again demonstrating the need for a Freedom of Information Act. Why the secret? What can possibly be the reason for our Prime Minister to refuse to tell people how many applications have been made, who have made them and for where?

“We are not children in our own country, but mature adults who can vote and have rights. I call on them to reveal how many applications have been made, how many have been granted, how many haven’t been answered and how many are outstanding.”

“If you are entrusted with a statutory discretion, you cannot refuse or fail to use it and just not answer,” he said. “We are entitled to have a response within a reasonable amount of time. In the absence of specific time limits, the Courts would impose reasonable time periods.”

CLB will be a marketplace for information on crown land, Mr Smith said, adding that, if necessary, people should sue the Prime Minister collectively rather than as individuals because that way they would be less likely to suffer victimisation. 

Mr Smith claimed that some people have been waiting decades for a response to their crown land applications. 

“Crown land is like federal land in the US and should be used by the government to promote the creation of wealth for Bahamians,” he said. “If every Bahamian was given acres of crown land throughout the Bahamas, overnight Bahamians would become in many instances very wealthy.

“Land never loses its value and it is extremely important for people to begin to understand that the government is the trustee for the beneficiaries and people who have applied for crown land or who want to do development should clamour and make noise and demand that their rights as a beneficiary are respected.”

Comments

Sickened says...

Excellent! We need to get Government working properly. We certainly need a public register of crown land. If I knew where and what crown land was available I may have a great business idea for using some of that land. Christie obviously can't keep up with all of his responsibilities so he needs to resign some of his positions and focus on particular aspects of governing. He is too involved in too many things and unfortunately is failing at all of them to the detriment of his Bahamian people.

Posted 8 August 2014, 9:53 a.m. Suggest removal

sheeprunner12 says...

Anyone ever had the experience of going to Lands and Surveys on East Bay Street ??? That's a total waste of time getting any answers out of that place!!!!!!!!!

Posted 8 August 2014, 11:30 a.m. Suggest removal

The_Oracle says...

Half the time they do not have maps as they have unpaid bills at the foreign chart printing company!
seriously.Since the 70's.
I doubt you could get a full set of maps for any populated island today.
Took me years trying to do so and still I'm missing a few.

Posted 8 August 2014, 11:56 a.m. Suggest removal

DillyTree says...

But Mr. Nygard's application is being considered. What a joke this country continues to be on the world stage. And it's the Bahamian people who continue to suffer -- as usual.

Posted 8 August 2014, 12:20 p.m. Suggest removal

jlcandu says...

Congratulations Mr. Smith!!! Keep up the good work!!!

Posted 8 August 2014, 2 p.m. Suggest removal

DillyTree says...

So they pay you to write this crap, general cookoo?? Is it per word or just every time you mention the words FNM and slaves? You are the only one in these posts who mentions the FNM, so you must have a hell of a chip on your shoulder.

Posted 8 August 2014, 6:35 p.m. Suggest removal

pat242 says...

I applied for crown land under the former administration and haven't gotten a word sense. I have written letters upon letters and up to this date never gotten any response.So Fred Smith have a good point. And it is unfair to say this government refuses to issue crown land when both where guilty of doing it.

Posted 9 August 2014, 1:03 p.m. Suggest removal

sheeprunner12 says...

When you consider that most of the populated islands are mainly Crown Land, its a shame that the governments since 1973 have not empowered Bahamians by deeding them a piece of the rock. Hubert started the conversation about Land Reform and a Land Registry System, Perry passes GIS .............. but the wheels are turning slow. Generation and Commonage lands are other challenges for some islands like Eleuthera, Long Island, Cat Island and Exuma. This could be another revenue generating system for the government if they sort out the land problems .................. and please get rid of the Quieting Act. Its criminal.

Posted 9 August 2014, 3:16 p.m. Suggest removal

Leonidas says...

First of all the system of crown land is set up in a way,whereas the individuals whom represent land managers (mostly being females),doesn't have a clue as to where crown is located in the Bahamas. There is no detail chart that zones or indicates the availability crown land,therefor the customers suffer because they are in a blindfolded situation. Crown Land does have in place individuals that are very much capable of turning the department around in its efficiency to satisfy customers of whom seek crown land,but for some intentional reason these individuals would be more than likely too efficient in showing up a system that is unfair in its distribution towards the public,so it rather structured in a way that when fingers are pointed out of frustration,it would end up being directed in the area of land management where ignorance and mediocrity strives. First of all applications when processed should be given a tracking number and a 90 day time table for either approval or rejection,presently 6-9 months for just a response is totally unacceptable. Land Managers should be able to properly read maps and also travel to islands to execute proper land inspections,as a matter of fact Land Management should come directly under the area of surveying,for there is great conflict in the duties being carried out as to the present land managers are incapable of meeting the job requirements,so the department of lands and surveys is strategically structured so that the public would have little or no chance in acquiring crown land.............

Posted 10 August 2014, 7:17 a.m. Suggest removal

Bluesummer says...

Reading this information tonight really was an answer to my prayers, i feel so helpless; i have applied only a year and a half ago, however i was told point blank that it was going to take
about 15 years or more before anything happened; i informed them that i was not applying for my great grand children; but hoping to lay a foundation for their future; i have complied with everything that was required to complete the application but no response to date; i had also identified areas of interest for their consideration but i was told that it was not available only to find out that it was granted to foreign investors subsequent to my application; spoke to a representative at the Prime Ministers Office about what had happened, he looked me in the face and told me that i was the wrong color, and wrong nationality, BAHAMIAN, that if i was white or Chinese that consideration would have been given sooner and that he was sorry; he suggested to me taking my business idea to another family island where there was plenty of crown land available; i told him that i wanted to contribute to the economy of Nassau and that why didn't he consider moving there; spoke to to Mr. M. at land and survey today absolute waste of time; subsequent to speaking to someone who had first hand knowledge of the availability of crown land in Nassau was told (lied to) by Mr. M. that there was nothing here in Nassau and that he could not help me; i told Mr. M. that am refuse to take no as answer and am not going to give up; i am a Bahamas with a dream; all i am asking government to consider is, if they don't have enough confidence in Bahamian to be successful in business; simply give them an opportunity to FAIL; at least there would be proof or records of persons who have been granted crown land for business opportunities but have failed; they have not given Bahamians the opportunity even to fail or to prove them wrong; BASED one PRINCIPAL I AM NOT going to give up; Thank you Mr.Smith for speaking on behalf of so many Bahamains

Posted 9 September 2014, 12:29 a.m. Suggest removal

Bluesummer says...

Is anyone aware of how soon the register of application would be available?

Posted 9 September 2014, 12:35 a.m. Suggest removal

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