Lack of VROMI Policy Victimizes Many in Government Land Distribution Part 2 ~Minister Refernces Legal Advice~

Minister of VROMI Egbert Doran cleared the air on the current saga relating to the proposed housing development in Over the Bank- Vineyard Heights. During an interview with Lady Grace on PJD2 last week, Doran stated, “it is unfortunate, it is bad that those individuals were dragged through this muddy process because it’s not their fault.” 

“I will do everything in my power to try to right that wrong.” He also discussed the legal advice he received before making the project public. However, some of the recommendations were not executed. The advice was issued on May 11, 2021.

The saga begins with former Minister of VROMI Angel Meyers when he provided a letter of intent to grant land to 54 persons in an area of Over the Bank. However, that took place during a court dispute over the land. Meyers also received negative advice and granted parcels while the land had no infrastructure in place. Some persons paid the Kadaster fees, and half of the notarial fee. They were told by the notary when the decree is finalized the notary would complete the process. 

Nevertheless, persons received a signed and stamped draft decree in 2016 that stated the Ministry intends to grant them parcels “in good order as soon as a verdict is rendered by the court in favor of the Government.” The executive branch changed before the verdict went in favor of the government. Minister Doran also allotted the land while no infrastructure is in place but mentioned last month that a public bid for infrastructural development is forthcoming. During the interview Doran stated three (3) former VROMI ministers left the situation unaddressed which is why he first sought legal counsel. 

Government’s counsel, Gibson & Associates, recommended the Minister to create an “objective selection process.” The selection criteria included for example, applicants who actively followed up on their request, those who do not own land elsewhere and persons with full time jobs earning a minimum gross of NAF 3000. The criteria is detailed in a VROMI document. The advice also suggested the Minister to implement a policy where applications unpursued for a year would not be processed. Doran was further recommended to have it “publicly announced in the local written media.” That did not take place. It is also unclear if a policy was started. 

During the interview Grace asked Doran if the 54 persons were called prior to announcing the project. A yes or no answer wasn’t provided. He responded by stating that’s why he sought legal counsel because it’s an organizational matter. Doran added “Because when you call, if I go oh, come in, what am I going to tell you… I cannot just call you in; hey come lets have a conversation because everything that I say in that conversation can and will be used against me. I realized that hey this is a serious problem.” His statement referenced the Ministry and not a Minister being responsible.

However, the advice stated, “there may be some risk that some of these applicants may complain that Government, without forewarning, has instituted a policy that their applications would not be processed.” The advice repeated the suggestion to announce the policy publicly and “give applicants who have not pursued their applications within said period of one year, a period of two weeks to indicate if they are still interested.” The reason for this suggestion was to “neutralize to a certain extent, complaints from certain applicants that Government has without warning implemented a policy not to process their applications.”    

In the interview the Minister added that the total development for Vineyard Heights will allow about 150 people to own homes. In addition to the 25 lots issued, there will be 18 duplexes and six (6) towers with a total of 98 units. The Minister mentioned discussions are ongoing about a government real estate management company which would have a Homeowners association fee and manage the whole property.

 Regarding the 54 persons, Doran also said, “I want to find a way to still accommodate them to the best of my ability because is it at no fault to them.” He said they will receive preference in the proposed development. He also mentioned that many of the 54 also owned land. Doran added that he is not opposed to their ambition and said “In my opinion it makes much more sense to award it to persons who do not have a opportunity- might never have a opportunity because things are getting more difficult.” According to the Minister, 90% of the 25 persons are civil servants.

 The challenge remains in persons being affected by the lack of policy. The wider issue is also the high demand for housing and availability of affordable homes. There are hundreds of requests for government land at the ministry. According to Doran there are also thousands of applicants at the St. Maarten Housing Development Foundation (SMHDF).