Gov’t should take Ellis Thomas Downs by force — Eileene Parsons
Former legislator Eileene Parsons has come out as a strong advocate for the government to reclaim a plot of private land used for horse racing at the Sea Cow’s Bay-based Ellis Thomas Downs by what she referred to as eminent domain.
Eminent domain is a term used in the United States to refer to the power of the state to take private property for public use with payment or compensation to the owner.
Parsons said she found it strange that residents were told that government has paid its lease for the land up to the end of the year, yet still it was not allowed to use the track.
“I say it without apology – I am an advocate for the word towards eminent domain. You do it for the public good,” Parsons stated on a radio programme recently.
“Honestly, if I was in there and I was the Minister of Sports as I used to be, I would’ve advocated that because you cannot have the BVI sporting public being held hostage for something like this,” the outspoken former legislator added.
“Whatever government has to do with that [Thomas] family, whatever negotiating we have to do, I would advise this government – Honourable Natalio [Wheatley] and others to do the negotiating, and before the end of November, let us have that land belonging to the government that we can have races [on] Boxing Day,” Parsons urged.
The government’s position
Meanwhile, Premier Dr Natalio Wheatley announced weeks ago that the government came to an impasse with one of the land owners after it discovered inconsistencies in its leasing agreement. He said efforts were being made by the owners to increase that lease by some 1500%.
The premier acknowledged in the House of Assembly yesterday that the sport was considered to be of national interest and previously indicated the government planned to continue its negotiations with the Thomas family despite being prevented from accessing the land after making this year’s payment on the lease.
Education Minister Sharie deCastro also clarified that there were no instructions given to the Attorney General’s Chambers to exit the leasing agreement. She outlined some of the inconsistencies contained in the agreement with the Thomas family which she said, “fundamentally affected the legal validity of the document”.
Among the various anomalies highlighted, was the fact that the lease was not signed by a natural or legal person, but rather by a purported entity (Ellis Holdings) which the minister said does not have the legal capacity to contract with the government or anyone else.
More importantly, deCastro stated, the lease was not signed by the registered proprietor of the land or any person or entity acting through a power of attorney. “A lease conveys a legal interest in land, and must be signed by the registered proprietor of the subject land. This accords with the provisions of the Registered Land Act, Cap 229, of the laws of the Virgin Islands,” deCastro explained.
What the law says
The territory’s Land Acquisition Ordinance (1957) addresses the issue of how the government can acquire land by Compulsory Acquisition if it chooses to do so, and recent history shows that this can be done once the government deems that it is in the national interest to do so.
According to Section 3 of the legislation, if the Governor in Council considers that any land should be acquired for a public purpose he may, with the approval of the Legislative Council, cause a declaration to that effect to be made by the clerk of the Executive Council in the manner provided by this section and the declaration shall be conclusive evidence that the land to which it relates is required for a public purpose.
The legislation further states that after a second publication of the declaration in the gazette, the land “shall vest absolutely in the Crown”, and the government can then take possession of the land accordingly.
In 2015, the government faced a similar conundrum when it moved a motion in the House of Assembly to take ownership of a plot of land in the East End community to accommodate a pumping station for the East End National Sewerage project. Back then, the government said it relied on the provisions contained within the Land Acquisition Ordinance, Cap 222, to support its position.
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Madam you are
Wroing Wrong Wrong…oooh so wrong
I am mortified and disappointed with your callous statement and outlook towards this BVIslander family and the sacredness of ownership of their land bequeathed to them by their ancestors…former slaves…
It sounds like the Government legal department that advised regarding the lease failed at the most basic levels of due diligence. Fancy that!
How the government is supposed to come up with the compensation that would need to be paid if the land was compulsorily acquired also beats me. With all the waste and fraud revealed by the CoI the Government is potless, despite the billions of revenue it received.
I think that the Govt should take Eileen’s house and make it available as late night bar with loud music, alcohol and no hats!
How come she gets a government suv?
Tell them come to my family land to take by force. They will look like your cripple a**e when we done with them. The nerve of this old fart.
You such a wi**ed person trying to use your accomplishments in life to mask your e**l. You can’t mask it from God that is why the Father got you living like a …
But surely you realize the same Government that is wanting to take the land is made up of the very same line of people? All are decendants of former slaves.
Dog eat dog world Mrs. Tubman. Your argument falls short when it’s those within your very own circle.
LOL
While I fundamentally disagree with your proposal, I see its clever irony…. well played!
Government can take the land by force. But should they?
The question of what qualifies a particular property as being necessary for acquisition by emminent domain is one that needs to be examined thoroughly, considered carefully and executed sparingly.
The BVI is an anomaly among Caribbean countries in that the citizens control a majority of the land in the Territory, and also that local interests represent a majority of the stakeholders. While, there is a land shortage for new and young homeowners, its not for a lack of available land but due to the hoarding of land by a few persons or entities. In the select cases where the Government of the day deems that a piece of land is desirable for public use, all steps should be made to contact and negotiate in good faith with the registered proprietors (who have either bought or inherited said property, and have the right to lawfully enjoy its usage). In the event that negotiations reach an impasse and its still the Government’s desire to acquire the land, the case should be brought to the public as to the advantages to be gained by such means, before legal efforts to strip the land owner/s of their vested interests (even if funds are “given” to them as compensation). The over-riding will of the people must guide public policy, and if the stated need is so necessary, then it will be agreed upon by a majority of respondants.
Unfortunately, as can be seen in the case of a certain piece of land at Baughers Bay with a lovely view of Road Harbour, the compulsory acquisition of land for public usage is sometimes executed and then plans / governments / circumstances change rendering said acquisition for the stated purposes no longer valid. And in such a case, it would be reasonable to return said property to the proprietors unless a reasonable alternative usage is proposed for the land. But as it the case with this example property, the land was retained for many years and then unlawfully developed by an un-named third party.
Justice? No.
Hypocrisy and abuse of lawful powers? Yes.
Would you like such a situation to happen to you in the name of the “public good” when other alternatives may exist, or the general public is not in support of such a move? Of course not!
So, why advocate it just because we can? You only know how tight the shoe is when you wear it yourself…. try that on for size!
…
As for the legal concerns which were highlighted including the lease agreement being signed by a non-legal entity on behalf of the lessors, I suggest placing blame where it belongs. Which government negotiated the deal and most likely pushed ahead with the signing in spite of the private signatory not even being a legal representative of a living person / legal entity?
Find the answer, and maybe you will understand the position of my friend who no longer has a leg to stand on…. self service always finds a justification for action taken.
I’m done here.
[drops the mic]
Over horseracing? The track is used two to three times a year and you want BVIGov to cease it? You and anyone else who believes this has lost their minds. Utter madness!!
Is this not the same person who spent 13 million of the education budget to build the track in the first place? Would she not be responsible for the problems with the lease?
Would not the best thing for the Government be to just give the track to the Thomas family and stop all expenses, as it needs every penny to address the serious infrastructure needs of the Territory?
The only way forward for the government is to drastically reduce expenses; income isn’t going to increase so expenses have to be cut (basic economics 101)
But look at her face nuh.supposedly she was premier.
In your twilight years you should try to be more of a unifier than a divider. As an elder in the community this is what is expected of you. If the government wants to acquire the race truck wouldn’t it be better if they entered into formal negotiations with the family to purchase it? Take by force? Really? Not because you may have the power to do something makes it right to do it. Would you like if the government took your house by force to build a new road in Manchester? Have the BVI people and government forgotten the generosity of this family? The land that Ebenezer School is on was donated free of cost by this family and now we want to take their land by force. Do we see why our country is in the mess it is. We are selfish, inconsiderate and wicked.
PAY THE THOMAS FAMILY A FAIR RENTAL RATE LIKE WHAT EVERYBODY ELSE ARE GETTING FOR THEIR PROPERTIES
Why she didnt take it when she was the minister?
is the translated meaning of the Latin words ’eminent domain.’ The only government with the power of eminent domain in the BVI is the UK government. If the BVI government wants to obtain private land for public use then the Land Acquisition Ordinance(1957) is the proper legal method for land acquisition.
The lady is 90+ and under her ***. Do you think she gives a f**k what you all are here typing and getting the bowels over? She has stated her opinion on the horse track issue, what’s the big deal?
This racetrack and all the money it costs the taxpayer so it can be used twice a year is insanity. The racetrack is not needed in this poor economy and is a blatant waste of money.
The bvi is probably the only country in the world where government can’t take land for national development, in most countries, this is no argument, they value the land, put the money in the treasury, informed you that it’s there, if you choose to ignore the process for an extended period of time that money will be forfeited. You’ll end up loosing your money and your land. Miss P may have her ways she knows what she’s saying…
I think they want a 100k a month for it… Do you think that’s fair?
I dont agree with her but I think I understand why she is saying that. The family wants to increase from 7.5k to a 100k a month.
Sometimes its the very locals try to extort the government in constructions, services etc
Just my opinion…
eminent domain for horse race???? clearly demonstrates the lack of comprehension of the law. something she probably heard about through gossip.
I love horse racing but it does not generate enough revenue here in the BVI. Horse racing in most big countries is like 3 to 4dys a week. Tortola have horse race every two months to be exact, which is only six times a year. So how in the world could they ever make a profit to pay workers, pay purse and maintain the track. I know they they get some sort of sponsorship, but I don’t think it is enough to make a great profit. That property will be great for international cricket or some other popular sports here in the BVI.
This honorable lady is bringing down her self be careful how you deal with people miss the younger generation will not allowed any 1 to mess with there families estate
If the agreement isn’t legally binding shod the money provided by government already for the year be repaid?
Let the dope dealers pay for the horse racing
YOUR MESSAGE IS VERY ENLIGHTENING , THANKS FOR BREAKING IT DOWN SO WE CAND UNDERSTAND ( ALL RESPECT TO YOU
@ Mrs. Tubman
What is wrong with what Mrs. Parson said? What people are allowed to do here does not happe anywhere in the world. Here once its government people charges more than quadruple what the real cost is. They don’t realize that they are killing themselves. We are the government. The land owners of the land comprising the race track is unreasonable, and unpatriotic. They will kill the horse racing sport which is vital to our economy and an integral part of our tourism product out of pure stupidity, selfishness and greed. I say what I said and I really don’t care who agree or disagree. The government should have the land appraised for market value, and if they don’t want to take it, just put it in the bank for them. And damnit take the land for the public good.
I am in agreement with Honourable Persons:
Find a way, Premier Wheatley, to compensate the family fully, for the total ownership of the land, for the benefit of of the country- now, and for perpetuity!!!
Anegada is the best place.. We have the space, Bring the boa loads over from St Croix, St, Thomas, Virgin Gorda and Tortola, A festive day in Anegada..
For a government to forcibly purchase property it has to serve the interest of the entire population, not just an interested minority, and, this is not the case. The government should not be involved in horse racing in any way, shape or form, let private enterprise deal with this and let the market decide if the required rental is financially feasible, which, it probably is not.
If they do start the process, I hope they also take back all the land that was sold under the table during the lock down . Especially the one the that was developed with the helicopter pad there on the water front just opposite the hospital that will now be used for gambling and not to save lives.
Killing, Drug running and scooter riding?
The government has no business being involved in horse racing, dog fighting or any other such entertainment-for-profit business. Lets see them do the People’s Business properly first, then talk!
Move the track to Virgin Gorda. I will lease you 4 acres.
after all these years by right they done pad for it…greed is wa going cost them to have nothing
The government needs to just buy the land or move horse racing to another location.
So many things are wrong with this contract and we would not have known if the owners of the land weren’t so greedy wanting more money and denying access to the land to force the government’s hand.
Also sounds like to me like some shady business went on to get the contract in the first place.
Roads bad, schools falling apart and $90K a year is not enough for the land owner? Or is $90K ain’t enough for the number of people who want to make money off of this lease.
These are the type of things that brought the COI!
Ms. Parsons is standing up for what she believes in ?
By force may not be the best way. how about fair market price for the piece we need
How does the government keep some silent for the public good. Is a wonder. Some carcinogenic characters keep popping up to stir up strife in the community, that it does not need. They have had their day. Allow the young people to lead with grace or make better use of wisdom by making positive contributions that will keep the community united.
When slaves mimic the actions of their slave owners, this is what it looks like. You have no right to it. It does not belong to you. Stop looking excuse to take over it, cancel it, destroy it. Get a life and stop with the wicked agenda.
Greed is a ..itch. Pure greed. If Mr. Ellis Thomas was alive he would not have supported their greed .
she earned that
yes
$7.5k a month is already too much!
Interesting ?
If the lease is paid untill the end of the year, why cannot the track be use until the then. They have already collected the lmoney.
That’s a threat.slander..a good case.Thomas family..please eat some of the Parsons sugar cake.It will send a message to all bully.