The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

Up to one-quarter of privately-owned land in the Bahamas is embroiled in ownership disputes, the National Development Plan (NDP) believes, creating a major obstacle to social and economic empowerment.

The NDP’s first working draft, released late last week for public consultation, said that among its goals was for the Bahamas to develop a land administration system that “is efficient and fair” by 2040.

Acknowledging the flaws in the current system, the NDP - as currently crafted - is focusing on four strategies that involve “investing in the administration of lands, developing a long-term solution to disputed lands, making the Crown Land granting procedure more transparent and predictable and, finally, creating a one-term land use plan to guide decisions for the next 25 years”.

It added: “These issues have vexed Bahamians for decades, and it is time to address them in order to unleash economic output and create certainty for residents and businesses....

“Land use is necessary and essential for economic development and social progress. Issues surrounding land ownership remain an emotive issue in the Bahamas. It is estimated that between 15 per cent and 25 per cent of all land which is not Crown Land (30 per cent of land is not Crown Land) in the Bahamas is in dispute, the main reason being the lack of clear title documentation.”

Although just 7.5 per cent of the total if Crown Land is included, the fact that almost one-quarter of privately-owned Bahamian land is in dispute is a huge impediment to national development.

Many of the solutions proposed by the NDP have been talked about for decades, or put on the table before, suggesting that political will to reform and follow through, plus execution, remain the major stumbling blocks to positive change in the Bahamas.

The “one-term land use plan”, for instance, is already provided for by the existing Planning and Subdivisions Act 2010, which demands land use plans for every Bahamian island.

The NDP also promises “a series of legislative amendments” to create a new Bahamian land registry and digital mapping, so that “the administration of land will be better co-ordinated and decision-making will be more evidence based”.

Yet again, draft legislation to create a system of registered land was left behind by the former Ingraham administration, but the three Bills were seemingly shelved by the new government and have not seen the ‘light of day’ since.

Reform of the Quieting Titles Act is something else that Tribune Business has repeatedly said is essential, and which is also referred to in the NDP.

“Several legislative measures will address this, including the enactment of a series of Bills first introduced in 2010,” the NDP said, “as well as review of the Quieting of Titles Act 1959.

“These will clarify how land is registered and conveyed among other improvements. However, the single most important action is the creation of a formal adjudication process to settle disputes once and for all in the eyes of the courts.”

Prime Minister Perry Christie’s response to the ‘We March Bahamas’ organisers appears to largely be based on the contents of the draft NDP, including his promise of greater transparency over the allocation of Crown Land.

“As Crown Land makes up 70 per cent of all Bahamian soil, a more transparent approach in divestiture is necessary,” the NDP said.

“The first step is the creation of a Crown Land Task Force charged with reporting back to the Government and citizens with policy recommendations intended to rationalise the use, allocation, administration and pricing of Crown Lands, as well as ensuring the resources exist to implement such policies.”

It continued: “Sound land management practices help create a balance between the need for economic growth and the building up of infrastructure on the one hand, and ensuring there is a sustainable environment on the other.

“Land use management plans undertaken on each of the Family Islands, and for New Providence, will create a public dialogue and plan for how land gets developed and for what purpose. For example, certain lands might be set aside for residential development and other land might be secured for commercial development. The key outcome is that citizens are engaged and rules are created to guide future development.”