The Tribune

By FAY SIMMONS

Tribune Business Reporter

jsimmons@tribunemedia.net

The Government has set aside $10m to pay compensation that is "many, many years overdue" to Bahamians whose land was compulsorily acquired for roads and other projects deemed in the public interest.

Ryan Pinder KC, the attorney general, told the Senate during his 2023-2024 Budget debate contribution that payments for land purchased by the Government under the Acquisition of Land Act will be made in conjunction with the Ministry of Finance as part of a drive to settle sums that have, in some cases, been owing for decades.

He said: “In the last Budget communication, I spoke of the ability to pay down a substantial amount of civil judgments against the Government; judgments that were many years old and accruing interest and costs. Of note, this excluded payments for land acquisition matters, which are many, many years overdue on payment by the Government.

“I am pleased to announce that we are making immediate payment of $10m towards land acquisition obligations of the Government. We are also putting in place a payment plan programme with the Ministry of Finance to work towards the payment of all property acquisition arrears to the Government.

“This is a very important announcement. These amounts have been long overdue, and they are generally an infusion of cash directly into the pockets of Bahamians. No other government before us has taken the initiative to satisfy these claims to Bahamians. It this 'new day' PLP government that has taken this on.”

Well-placed sources, speaking on condition of anonymity, have previously suggested that the total sum owed by the Government for land it has compulsorily acquired is much higher than the $10m allocated by the Davis administration. They have estimated it as high as $60m at one point in time.

Tribune Business has also reported this year how two prominent realtors, David Morley and the late Charles Christie, had placed the Government before the court over multi-million dollar claims - dating back around two decades - for compensation over family land that was compulsorily acquired.

Mr Pinder, meanwhile, said Arawak Homes has been provided with documents for 55 homes thus far in a bid to resolve the woes involving land ownership in the Pinewood Gardens and Nassau Village area. He added that there are 43 more files to review, and encouraged Arawak Homes to provide the conveyances as quickly as possible.

"I have routinely given updates on the status of the settlement agreement with Arawak Homes and the regularisation of the title of homeowners in Pinewood Gardens," Mr Pinder said. “I am pleased to announce that we have been working diligently, and have now provided Arawak Homes with completed files for 55 homes to be conveyed by Arawak Homes.

"There are 43 files remaining to be reviewed and verified. I am advised that Arawak Homes is completing the requisite surveys, and we wait on them to complete this exercise in order to close the door on this long-standing issue to Bahamian homeowners. I encourage Arawak Homes to complete this review and provide duly executed conveyances as soon as they can.”

Tribune Business has reported on several Quieting Titles Act abuses in recent years, detailing how the law has been used as a fraudulent tool to commit real estate theft.

A typical abuse is for persons seeking a Certificate of Title from the Supreme Court not to notify others, who may have an interest in the same land, of the court action and their intentions. All Quieting Titles Act applications are supposed to be made public, so rival claimants can challenge title applications, but this does not always happen.

The Supreme Court is often not made aware of the existence of rival “adverse claimants”, with applicants often lying that they have made “full and frank disclosure”. Among the most egregious examples of Quieting Titles Act fraud is the three-decade saga impacting a 156-acre tract in the Pinewood Gardens/Nassau Village area, near to Sir Lynden Pindling Estates, which is the subject of Mr Pinder's comments.

As previously reported by this newspaper, a group of land speculators, assisted by some unscrupulous attorneys, obtained a Certificate of Title to the land via fraud, as they never notified - or made the Supreme Court aware - that there was an “adverse claimant”.

They then promptly sold the land to unsuspecting Bahamians, paving the way for three decades of legal battles that have damaged the lives - and largest investments - that many ordinary persons will make in their homes.

Mr Pinder also gave an update on the land reform committee's work, adding that public consultation on the Adjudication and Registered Land Bill will be held this year. This, he added, will drive the establishment of a land registration system and a mechanism to resolve land ownership disputes.

"As has been announced, our government has established a Land Reform Committee with the mandate to review land adjudication and investment holdings, registered land and law of property," Mr Pinder said.

"Some of the important aspects of their mandate has to do with making recommendations on overlapping claims and rights to land where two or more people claim to own the same land, uncertainty regarding ownership, outdated policies for Crown Land divestment and administration which do not promote efficient and equitable use of the lands, and existence of commonage land and generational property.”

“It is important to note that our relevant land legislation is all from pre-independence. It is time for meaningful legislative reform. The committee recommended adopting the Torrens System of Land Registration as a viable option to reform land ownership in the country and address existing land ownership problems," he added.

"This requires the enactment of adjudication and registered land legislation; the establishment of a standalone entity for land registration; and the co-existence of a dual system of unregistered and registered land.

“We anticipate hosting public consultation on the adjudication and registered land legislation by the end of this year. This is a major step forward in establishing a land registration system and providing a mechanism for adjudication of disputes over ownership of land. This is a long-time vexing issue for Bahamians that our government is actively addressing.”