BVI News

Property rights concerns raised over utility body’s powers

Property rights concerns have been raised in the House of Assembly over provisions in the proposed Virgin Islands Energy and Water Corporation Bill that would merge the Water and Sewage Department with the BVI Electricity Corporation (BVIEC).

During debate on the bill, Opposition Leader Myron Walwyn questioned clauses that he said grant sweeping powers to the new utility body over private land, trees and water supply.

The bill, brought by Communications and Works Minister Kye Rymer, seeks to establish a single statutory body — the Virgin Islands Energy and Water Corporation — responsible for electricity as well as water and sewage services across the territory. The government has argued that the merger reflects best practice in small island states and will improve planning, procurement and operational efficiency.

However, Walwyn warned that certain provisions could interfere with private property rights.

Referring to clauses allowing the corporation to lay water lines “through, across, over, or under any street” and, after notice, “through, over, or under any land of any freehold”, Walwyn said the language raised serious concerns.

“This is saying to me the way it’s worded… that water and sewage could just give you notice that they have to run pipe across your property and they can do it,” Walwyn stated.

He also pointed to provisions permitting the corporation to enter private land to cut or remove trees that may interfere with water lines. “To cut and remove from any private or public lands, any tree,” he read from the bill, before adding: “I don’t think that this is how this is meant to work.”

Walwyn said property owners should not be subjected to entry on their land after short notice without prior agreement. “You have to respect people’s property rights,” he argued.

He further objected to language providing that compensation for damage would be determined after works are carried out and, in cases of disagreement, through arbitration. “You’re trying to bully yourself into people land, and then only if there’s an issue… then you remove or alter the work,” he said.

In addition, Walwyn raised questions about a clause granting the corporation the “exclusive right” to supply electricity and water, warning that private water truck operators could be affected if required to obtain written permission from the new entity.

“The corporation shall have the exclusive right for the supply of electricity and water in the Virgin Islands,” he read, noting that supplying water without permission would constitute an offence.

While acknowledging that mergers are not inherently problematic, Walwyn said timing and implementation were critical. “Nothing is wrong with a merger,” he stated, but added that his “fundamental challenge” was whether the proposal would immediately resolve water supply problems faced by residents.

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14 Comments

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  1. Observation says:

    If it’s not for Hon. Walwyn we would not know a lot of things that go on in the BVI. This is why they keep fighting him down.

    Like 34
    • @Observation says:

      Walwyn is surely an intelligent guy and one of the brightest in HOA. I’m not sure that is the only reason they are fighting him down. Many times it’s not what you do but how you do it. Leadership is a very serious thing. The BVI is 30yrs behind where it should be and to this day all we do is bicker about bulls**t daily while spending billions every 4yrs.

    • @Observation says:

      as he should; not forgetting that he is a lawyer with so he would pick those up. Begs the question, what is the Attorney General office doing?

  2. Enquiring Minds says:

    The corporation shall have the exclusive right for the supply of electricity and water….

    So we have no choice in the matter as to where we get our water from???

    Like 13
  3. not right says:

    and what about solar energy thatpeople have without tying to the grid, now thats also illegal???

    Like 12
    • Resident says:

      And what about rainwater in your cistern? The building code requires every residence to have a cistern, and specifies the capacity.

  4. Typical says:

    Do we want this place fixed or not? That is the real question for me!!! We are really stuck on f**king stupid around here, honestly!!

    Like 3
    Dislike 3
    • REAL says:

      YOU SOUND DELUSIONAL
      WE NEED IT BETTER YES BUT NOT TO THE PEOPLES DETREMENT

    • @typical says:

      lay water lines “through, across, over, or under any street” and, after notice, “through, over, or under any land of any freehold”.

      Come back with that stupid argument when they bulldoze through your property (if you have any) to lay down water lines.

    • Migoman says:

      Exactly..
      By walwyns standards and all other critics, nothing can get done around here. The government needs to be empowered to handle these sorts of decisions relative to something as needy as power and water. I can already see 4 houses waiting years for water supply because one land owner don’t want water pipe to run across is boundary line.

      Every land owner has issues with a garbage bin on “their land”. So I guess we wont have garbin bons around at all.. then you wonder why bins are disappearing.

  5. Hmmm says:

    I want to know if giving away money is considered spending? Clearly the Premier needs to understand that giving money away is not spending because to spend you need to have or ascertain certain things transactionally, its a 2 way streak..

  6. LB says:

    It is crazy to me that we have failed model next door in WAPA of the USVI but we are full speed ahead trying to implement the same model. Make it make sense.

  7. Bvi says:

    Let’s talk about the exorbitant charges to the first people to bring water and electricity to an area then W&S and BVI EC connect othe customers to it of free will no compensation ro the original people who paid thousands

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