09 July, 2010

Court orders


Court orders:  You may recall we are looking at our section 7 fundamental right to the enjoyment of personal property.  Government is prohibited from taking away our property except under a law which pays us prompt and adequate compensation.  We are now looking at the several exceptions listed in the section.
       Some of them were quite obscure to us.  The ninth exception is more familiar.  It says that it is not an unlawful deprivation of property if it is as a result of an order of the court.  That seems a little obvious.
           The court is there to settle disputes between citizen and citizen, and between citizens and the State.  If the court orders our property to be taken away from us, and we do not agree with that decision, then it is for us to appeal to the higher court, the Court of Appeal.  We cannot be heard to protest that the order of the court is unconstitutional.

4 comments:

  1. state of our economy


    If anyone has any information, please shed some light on the backbone of our economy :

    Cap Juluca : is it true that they now have big financial problems. No money and a lot of money to pay out to Hicox?

    Viceroy : is it true they are in receivership? Citibank paying all the bills and looking for a buyer to get them out of their debt. No buyer in sight?

    Malliouhana : Been in the red for years now with no money to fix the place up. Looking for a bailout sale which has been ruomoured for a year or so?

    Altamer : on the block but no one is interested. Still peddling a marina project in the hope that someone will think the property has developing potential and take it off of their hands.

    Temenos : we know what is up with the hotel, but what about the villas in Long Bay. Are they closed too?

    I hear that we are looking for investors to build new hotels. Maybe we need investors to buy the old ones. Building new hotels for who? I don't think there is any money out there for caribbean hotels at the moment. That ship has sailed. Is our ship sinking?

    We need a proactive government to hash out a good plan for the recovery of our tourism sector before it is too late.

    We also need a new plan for a diversified economy.

    Anguilla is a great place to live and we have high speed internet. Why not attract people that can work anywhere in the world through their computer. Lets make it easy for them to come to Anguilla and live here. Rent apartments from us here, buy our groceries, gas, spend money in our shops and restaurants, ALL YEAR ROUND!!!! There has to be a market for this? Lets figure out how to get the word out that we want people to come and live here that can do their jobs from home with a computer. This would help start lots of new businesses etc. or are we afraid of too many foreigners coming to Anguilla?

    It is time to get our heads out of the sand.



    Is Cusinart the only healthy hotel left in Anguilla?

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  2. I think you are right, well said, lets hope someone takes notice.
    We must stop thinking big, big developements, big projects, big borrowing, big government, big spending, big salaries. We have proved it did not not work for Anguilla except, for a few insiders.
    We must downsize our expectations and come back to earth with our governments financial decisions, They must not be allowed to borrow for day to day government expenses, they must cut and curtail their spending pattern.
    Civil servants must learn another way to survive as the rest of us have to. Expansion of our revenue will comme slowly and over a few years after we have overcome this stupidity on borrowing to pay payrolls. When we have stopped borrowing then we can begin to grow again, it may take 10 years but we will do it only after i repeat, stop the stupid borrowin, it is not a good economic argument it only allows the payroll to be paid for a little bit longer, then massive layoffs and unemployment. Look at the UK,USA,Europe etc all bankrupt, all owe tremendous sums, riots in the streets, massive layoffs, i could go on and on. We do not to be as bad as them if we stop borrowing and come to our senses regarding economics 101.
    Government and civil servants, stop thinking about yourselves getting paid and stop reccommending borrowing, it will sink our island into despair.

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  3. AXA makes it nearly impossible for a random "super smart" guy/gal to come on island and make an honest living in the high-tech industry. It seems that unless you make super-crappy chinese food, don't bother. Geraud and his wife run a great bakery as the newest folks, but other than that, forget it as far as foreigners are concerned. I tried with CM Fleming several times, only to get the stupid smirk. Basically, stay away white man. I can understand that a bit, but god damn, not everyone comes to the islands to screw the locals. I found a way around him. I shoot a 70 on the golf course, even when it's "closed" - Scotty

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  4. The issue with anquilla from Real estate to those who sell it...and to attracting people to the island is that you are operating with blinders as if you are the only cool island on the planet!. Belize is a much better model than Anguilla for attracting investment and expats....Basically you have a few issues.

    1) Real estate on Anguilla is WAY out of line with other destinations!!! way out of line....that is why your sales have stopped almost completely

    2) You cannot price your real estate or your expectations on the marginal "lottery winner" buyer!!!

    3) Your stamp tax is too high.

    4) You should eliminate the stamp tax as an option for NEW real estate purchases and put in a property tax ... Remember only non belongers pay the high rates....allow them instead to pay an annual property tax that comes out to the stamp tax say over 10 years.....

    5) Formally rescind the Fairmont and Shoal Bay Villas.....

    Good Luck! you are losing to USVI, BVI, Belize Roatan, Carriacou, Bequia and many other places that are both COOL with nice beaches and affordable pricing. Belize on Ambergris Caye in July was 70% booked!!!!!

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