22 June, 2010
Samples: We are looking at the exceptions to our fundamental right to enjoyment of private property set out at section 7 of the Constitution of Anguilla. We have looked at four so far.
The fifth exception is very insignificant at this time in
Anguilla. The section says that it is not unconstitutional for the Government to take a piece of our property away for the purpose of sampling it. So long as there is a law setting out how it is to be done.
So, suppose that the Public Health Department was to go to one of our hydroponic farms and take away a head of lettuce to test it to see if it was hygienic. The owner might be able to sue the Government, claiming this was an unconstitutional deprivation of property. And, so it would be, if it were not done under a law providing that taking of a sample was permitted.