Land Trust queries property sale - Asks court to decide legality of Cabinet decision

The St Lucia National Trust on Monday queried the legality of a decision by the Stephenson King government to lease, with the possibility of selling, a potion of land near the famed Piton mountains.

The Trust said that it has been informed that the government has agreed to lease the portion of the Queen's Chain that borders the Jalousie Sugar Beach Development for a period of 99 years with a right to purchase the property within five years.

The concept of the Queen's Chain is established in an ancient French Law and refers to the portion of land that runs 186.5 feet inland from the high watermark. It includes the sea-shore, land reclaimed from the sea, ports harbours and roadsteads and generally all portions of territory which do not constitute private property.

Private ownership

Director of the St Lucia National Trust, Bishnu Tulsie said that the laws have never been very clear on whether or not the Queen's Chain can be passed on to private ownership.

"There is an opinion that it cannot or should not be sold but that question has never been answered very clearly by the courts so we have decided once and for all to put that matter to rest and the government is also interested in having the question answered," he said.

He said that the matter had been discussed at a meeting of the Trust, whose membership was particularly concerned about "the legality of the decision as well as the precedent" the sale would set.

"Of equal concern were the implications of the decision for the for the Outstanding Universal Value of the Pitons Management Area and the impact that it may have on its World Heritage status," Tulsie added.

He said the Trust will pursue all options to prevent the sale and has already requested from the High Court a judicial review of the Cabinet decision.

Tulsie said that the Trust is also requesting that the Office of the Attorney General seek an opinion from the Court of Appeal as to "whether the laws of St Lucia authorise the Crown to alienate the Queen's Chain or any part thereof."

"If the court decides that it is not legal to sell the Queen's Chain then I expect that Government will have to review the decision it took," said Tulsie.

"But if the court decides it is legal, we will further ask the court to decide whether it is reasonable to do that and in addition the Trust at the request of the Prime Minister is preparing a policy paper on how the Queen's Chain should be handled," he said.

- CMC