Lack of VROMI Policy Victimizes Many in Government Land Distribution Part 1
A land saga at ‘Vineyard Heights’ (proposed housing development in Over the Bank) is currently brewing due to 25 persons receiving long lease parcels that were also allotted to 54 persons in 2016. The situation is technical because the issuance of government land (erfpacht) has no clear policy. This leads to the Minister of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI) ultimately deciding who gets land. That lack of policy eliminates checks and balances. After 10 ministers of VROMI, there is still no change. This means the Minister can decide whether a new applicant can lease government land over someone who applied over 10 years ago. It also means there is a lack of transparency and accountability guidelines a policy would provide. Currently, there are requests for lease land before 2000. The exact number of requests is unclear however, it is commonly expected to be in the hundreds.
Project Background
Vineyard Heights is a housing development to be established in the Over the Bank area. The development was introduced during the 2021 budget debate. According to Minister of VROMI Egbert Doran, the operations after issuing the land will follow with “a government-run foundation that will then manage the land and develop the land which then can seek financing.” There’s no definite timeline for the project at the moment. However, Minister Doran stated a public tender is upcoming to begin developing the infrastructure of the land. Former Minister of VROMI Angel Meyers received negative advice on granting parcels of land in the same area due to there being no infrastructure in place. Unfortunately, the Minister also distributed parcels while the court case was still in session. Persons received a signed and stamped draft Ministerial decree stating the government’s intent to grant them land. They were told it is their choice to proceed and finalize obtaining the land. This first includes a certificate of admeasurement (meetbrief) from the Kadaster. After obtaining the meetbrief, applicants returned to VROMI with a copy of the meetbrief to finalize the decree. After obtaining a definite decree, they can proceed to the notary for the deed. The letter that was given to the recipients also states, “The Ministry of VROMI will make every effort on behalf of the Country Sint Maarten to issue the right of long lease to you in good order.” But it appears that the Ministry’s efforts on behalf of Country Sint Maarten are determined by which Minister is in charge at that time.
Where it becomes complex
The possible saga lies in the fact that several people received intent from a government minister to grant them land. They even went as far as paying the fees at the Kadaster and notary. To their dismay, in the granting of these “new” lots, they were not considered. Minister Doran’s presentation of the Vineyard Heights housing development was made on June 28, however, the advice to issue the 25 persons was given on June 25. The meetbrieven that the 25 new persons are to receive are also alleged to partially be the same meetbrieven that the previous group of recipients paid for back in 2016 under the then-Minister Meyers.
Again due to lack of transparency and policy, persons previously interested and legally and financially vested were not considered or included. Nevertheless, Minister Doran stated during his budget presentation, “of course, we’re still seeking the most feasible way to deal with that situation, I find it was a very unfortunate situation which is my personal opinion.” This was in response to a question from Member of Parliament Raeyhon Peterson who questioned Doran on what will happen to the persons who received a draft decree while taking into consideration that some also already went and paid for their meetbrief.
Doran further stated proper procedures were not followed by Meyers and the process was discontinued. He added that the Ministry inquired for legal advice that noted once an individual applied, the decree lasts for a period of six (6) months. During the budget presentation, Doran also added “a online website will be launched soon with the aim for all parties that are interested to obtain information on the development projects status, in addition, to be able to sign up for additional information.”
Sources who wish to maintain confidentiality confirmed that a court case is on the way. The lack of policy also resulted in former Minister of VROMI Christopher Emmanuel (currently independent MP) being arrested. His arrest related to issuing land along the Pondfill strip. The consequence besides prosecution is civilians being duped by the lack of sound policy. It is widely expressed in the community that homeownership is a desire for many. It’s a significant component of St. Martin’s culture. However, the situation highlights the wider housing crisis and the need for accountability in the management of land.
