I am referring to the appalling seven years delay in a dozen property owners receiving compensation for land compulsory purchased, or in this case ‘stolen’ would be a better word, by government during the first phase of the East-West Arterial highway.

The problem lies with “betterment” as under this clause government has no obligation to pay anything more to the landowners because the new road has ‘opened up’ their property. The value of their land remains exactly what it was at the time of the acquisition. This is mainly what the dispute is about.

In England recompense, under compulsory purchase, is not necessarily a monetary payment of open market value, although in most cases a sum equivalent to a valuation made as if between a willing seller and a willing purchaser will fall due to the previous owner.

However, “betterment” has many clauses under the law and therefore the only real winners are the lawyers who act for both parties.

It is therefore rather naïve at best when both Premier Alden McLaughlin and Kurt Tibbetts, Minister of Planning, Communications and Works, said this week that the new road extension, to be built as part of the Ironwood golf resort development, would add value to people’s land, in many cases by opening up access.

Even more shocking is when I read today as I started my research into the settlement delays that, “Figures from the Cayman Islands Lands and Survey department, released to the [Caymanian] Compass following an open records request, show that 32 claims for compensation have yet to be settled for land acquisitions on both the East-West Arterial highway and the Esterley Tibbetts Highway projects.”

Government has set up a Roads Assessment Committee to ‘quickly’ make a ruling on the amount of assessment when the two sides cannot agree. There would appear immediately to be a conflict of interest there. Arbitration with both sides agreeing to the final outcome would be fairer and faster with a judge appointing the arbitrator from names supplied by both parties.

The Roads Assessment Committee has met only twice in the seven years and in the case of Harold and Abshire Bodden they assessed the Bodden’s 3.3 acre parcel near Hirst Road was worth $300. When it was appealed and went to court the ruling was in favour of the Bodden’s to the tune of nearly $343,000 in compensation.

And don’t think going to court and winning a judgment is going to help. Government immediately appealed the award and no monies have been paid to the Boddens as of today’s date.

Despite the premier acknowledging the resolving of disputes hasn’t gone as quickly as it should I am doubtful if anyone was assured when he said at the Ironwood press briefing last Monday (3), “If there is compensation due, compensation should be paid as quickly as possible. We will have to look at the whole process.”

The ‘should’ would have been better said as ‘must’ and no doubt the “we will look at the whole process” will mean another committee will be appointed.

The longer the land disputes drag on the more expensive it is for both sides. It is all very well Tibbetts to say government in the past “has bowed to political pressure and paid people for land, when in fact it was not legally required to do so,” and has warned:

“You have to be mindful of the fact that if the property’s value is enhanced by the compulsory acquisition and the building of a road, the law clearly states there should be no compensation.”

In the short term it has probably been cheaper for everyone to settle expediently by being fair, even if it not the law, because of the legal fees involved when lawyers get involved.

With land acquisition going to be of a necessity if the Ironwood development is going to go ahead in order for the 10 mile extension of the Arterial highway, more statesmanlike words would have been better and a solution given.

I am sure persons who are already involved in their land being compulsory purchased do not view this seven years as an itch to be just scratched every day. They want the dispute settled now and those who are in the path of the new road want a system in place that is both fair and fast if there is a dispute over the land values that will be offered.