Gov’t cannot abandon you, Golding tells squatters
BRIGHTON, Westmoreland — Opposition Leader Mark Golding has waded into the fray of a bitter dispute over prime beachfront land in this western parish, seeking to provide hope to informal settlers in Little Bay and Brighton who have been told they need to move.
“At the end of the day, the Government cannot abandon you. You cannot leave it to the situation where one person or one family, their likes as they see it, overcome the rights of so many people. That can’t be right. The Government must intervene,” he said during a brief meeting at the Brighton Community Centre on Thursday.
“You may not have a legal title as yet, but you have been living on the property and you have invested in your property way beyond the 12 years by law. So these situations cannot be ignored by the Government,” added the leader of the People’s National Party (PNP).
The current law gives squatters the right to claim legal ownership of private lands by adverse possession if they can prove they have acted, undisturbed, as an owner for 12 years or more. For government-owned property the time frame is 60 years.
Convinced that the State can play a part in finding a solution that works for residents, Golding reiterated the need for the laws of the land to be used to protect citizens’ interests.
He said he wrote to the prime minister last week and pointed out that the Local Improvements (Community Amenities) Act of 1977 could be used to create a proper development plan to protect the people, while allowing the area to be developed.
The act allows for the minister of housing, an office now held by Prime Minister Andrew Holness, to make provision for the declaration of certain defined areas comprising certain lands as special improvements (infrastructure) areas. This allows for the compulsory acquisition by the Government of a leasehold interest in such lands; the carrying out of improvements on such lands in accordance with special improvements (infrastructure) schemes; and for matters incidental thereto or connected therewith.
Golding said, to the best of his knowledge, Holness is yet to respond to his proposal.
He vowed to continue to do whatever he can to try and find a solution. Noting that the PNP does not want the situation to become a political football, he said they will be working closely with the attorneys representing residents, councillors, candidates, and the wider community to find a way forward.
Earlier this month, the prime minister met with some of the residents following a ground-breaking ceremony for the construction of the Little London Police Station.
During the impromptu meeting, Holness pointed out that, since 2012, the matter has passed through the hands of different ministers across administrations. He also made it clear that the Government is unable to make any decisions outside of the court’s ruling between the residents and a private landowner.
Holness, who commended residents on their approach to the issue, said the courts have ruled that they are unable to claim adverse possession of the lands. He said an offer was made for the Government to purchase the property but the price was beyond its reach. The dispute is centred on more than 800 acres of land.
“We couldn’t afford it. That is just not possible with the budget and all the other things. The value of the property is high. So there is the option of getting a piece of the property or a small area to relocate,” said Holness, adding, “The real issue now is whether or not the persons who are present in the land would be willing to relocate.”