The Tribune

By JADE RUSSELL

Tribune Staff Reporter

jrussell@tribunemedia.net 

A MAN is seeking to sue the government for $25m, saying that land where the new $290m New Providence hospital is to be built has been in his family for centuries.

Anthony Cunningham, 61, told The Tribune that the Perpall Tract, in western New Providence, is his property. Mr Cunningham claims ownership through a probate process, stating that the land has been passed down through his family for generations. Originally covering over 350 acres, Mr Cunningham said that in 2008, he received $56,000 for four lots of the land under the Ingraham administration, which acquired the land through compulsory acquisition for road construction.

Mr Cunningham alleges that no one from the Davis administration has contacted him regarding acquiring the land for the hospital. He first became aware of the situation in March 2022, after reading a newspaper article about deforestation in the area. Upon visiting the site, he discovered tractors on the property and subsequently hired a lawyer who informed the Department of Environmental Planning and Protection (DPP) of his ownership.

After two years without a response, Mr Cunningham said the DPP dismissed his claim of ownership due to an ongoing court case regarding the land.

A deed shown to The Tribune indicates Mr Cunningham is a descendant of the original landowner, making him the current heir. The deed describes the land as “all that piece parcel or tract of land situated in the Western District of the Island of New Providence comprising 350 acres, situated at Fort Charlotte, granted to Robert Cunningham and bounded on the North by the sea and by the land”.

The government plans to break ground this year on a new $290m hospital. The 50-acre facility, proposed for the Perpall Tract Wellfield, will be a 200-bed specialty hospital primarily serving women and children. It will include a neonatal unit, imaging services, morgue and pathology services, and telemedicine. The facility will be located off the New Providence Highway between the six-legged roundabout and Saunders Beach roundabout.

Last week, the Nassau Guardian reported the Ministry of Health and Wellness received approval from the Ministry of the Environment to proceed with the hospital’s construction. Minister of Health and Wellness Dr Michael Darville confirmed officials received the green light to move forward with building plans.

Mr Cunningham said while he supports the development of a new hospital, as the country desperately needs one, he insisted on being compensated for land he believes is rightfully his.

The retired hotelier is plans to take legal action against the Attorney General’s Office, seeking $25m in compensation.

Mario McCartney, Mr Cunningham’s attorney from Lex Justis Chambers, has represented him in the land dispute for over a year. Mr McCartney said legal action would be taken against the government before the end of the year. 

“The overall goal is for him to be compensated adequately,” Mr McCartney said. “I know he has expressed being a nationalist at heart and he does want to see good opportunities from the recent developments, he doesn’t have a problem with that. But you simply cannot acquire property without adequately following through, especially with regards to our constitutional rights regarding land itself.”

Mr McCartney said they will be pursuing constitutional redress, citing Article 27 of The Bahamas Constitution, which states: “No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say- (a) the taking of possession or acquisition is necessary in the interests of defence, public safety, public order, public morality, public health, town and country planning or the development or utilisation of any property in such manner as to promote the public benefit or the economic well-being of the community; and (b) the necessity therefor is such as to afford reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property; and (c) provision is made by a law applicable to that taking of possession or acquisition.”

The Davis administration’s plan for the new hospital has faced significant opposition. Last week, Terry Miller, executive director of The Bahamas Association for Social Health and founder of EARTH Village, called on the government to halt construction, highlighting the eco-sensitivity of the Perpall Tract, which is home to over 150 plant species.

In May, during a heated town hall meeting, residents from the Stapledon, Rock Crusher, Dolphin Drive, and West Grove communities voiced their opposition to the hospital’s construction at Stapledon School Auditorium.

Dr Gemma Rolle, president of the Medical Association of The Bahamas, also expressed concerns, saying that doctors were unaware of the plan and questioned how the government would staff the facility given the current burden and manpower shortages at Princess Margaret Hospital.