17 June, 2010

Public purpose

When can our property be taken away from us without our consent?  We are looking at our section 7 constitutional guarantee of our property rights in Anguilla.  As usual with all these rights, there are exceptions.  The first exception that we have in Anguilla is where our land is taken away from us for a ‘public purpose’ under the provisions of the Land Acquisition Act.  Government can take away our property for any reason at all.  But, if they acquire our property under the Land Acquisition Act they must satisfy the conditions set out in that Act.  One of these conditions is that the land must be acquired for a public purpose.  There is nothing in principle stopping government passing a new law called The Acquisition of Property for Any Reason at all Act.  That would be in full compliance with our Constitution.


  1. My hope will be that any further posts on the subject will not make it seem so easy for the Government to vitiate investors' objectives, especially in the light of everything that is going on in the Cap Juluca and Temenos arenas. The more frightening investment in Anguilla is made to look, the greater the risk that Anguilla will become a pariah for international financing.

  2. About 4 years ago a Canadian who was living here remarked to me that there should be a sign at Blowing Point for all arrivals, developers, investors etc to see, saying,

    Welcome to Anguilla,
    Leave your money,
    And ---- off

    At that time it sounded like sour grapes to me but with what has happened to Flag, now Cap Jaluca threatening to shut down and being leant on and Viceroy being portrayed as bad for Anguilla, Why should anyone be inclined to invest here, when other islands would welcome investors with open arms. No wonder we have 150 villas which are for sale at reduced prices, the expats can't get out of here fast enough.

  3. The "laws" were not passed by Anguillians. The consitution was handed down by the British and the intention of the laws is not to take the land away from the expats,it is to take the land awy from the natives when the British have weakened our resolve sufficiently.

    Every law imposed in Anguilla by the British and their "legal draughtsmen in the Attorney General's office" over the past ten years or so, has something in it which when translated reads " an Act to take the land away from the natives".

    Expats have no fear, they all know how the colonial system works!

  4. I believe the natives are doing quite well on their own giving away the island and screwing themselves in the process. The British have little to do with it. - Scotty


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