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Published On: Thu, Sep 30th, 2021

What can Government do to help Local Heirs of Deceased Long Lease Land Holders?

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In reference to an article published on Thursday, September 30, 2021, in The Daily Herald on the front page and continuing on page 10 under the title “Judge approves government terminating leasehold rights”, former architect/engineer and present day writer and leader of the Integrity Advancement Movement (IAM), Roberto Achken Richardson writes:

Very good ruling by the Judge in favor of the Government of Sint Maarten as it relates to the Lease Holder/Third Party Lease Holder (a) being in violation of the Lease as it pertains to an expired Lease, (b) as well as in violation by having Long Lease Yearly Payments owed.

This specific area was prohibited for permanent buildings (immovables) construction, since all Lease Holders on that Airport Runway Road Land strech bound to the Lagoon always knew in writing that this Area was designated for future Airport Runway Expansion, and were therefore not signed off as Long Lease, but for Short Term Rental Activities.

All Rental Lease Holders were all informed in writing that upon request of PJIA they would all have to immediately vacate these Parcels of Government Land, in addition to the Court Ruling as well.

But that is not the point that I would like to make.

Unfortunately we see a situation with one of our own prominent deceased Sint Maarteners, who sublet their Parcel in Short Term Lease Rental to the Developers of this large Parcel of Land, and now his Heirs, unfortunately caught up into a Court Case of which they themselves were not a co-Developer, but merely one subletting their Parcel of Land in Short Term Rental Lease Hold by way of their deceased family member.

Apparently the outstanding of Lease Payments are due to the fact that the Developer did not make any Lease Rental Payments for this small Parcel as well to the Government of Sint Maarten as was suppose to be the case as Developer of All Parcels.

1. Outside of the Court Judgement, what can the Government of Sint Maarten do in a case like this to assist its own, since they were not the co-Developer of these Joint Parcels/Plots of Land?

2. Can the Government of Sint Maarten take into consideration in such a case of granting a Decision of Exemption of Outstanding Yearly Lease in favor of the Local Heirs of this deceased Sint Maartener?

THIS MUST BE SOMETHING TO TAKE INTO SERIOUS CONSIDERATION, ESPECIALLY WHEN THIRD PARTY LEASE HOLDERS ARE THE REAL ECONOMIC BENEFICIARIES OF SUCH DEVELOPMENTS.

AND THERE ARE MORE TO COME WHERE WHILE RAISING THE MUCH NEEDED FINANCIAL REVENUES, IT WILL AT TIMES BE TO THE FINANCIAL DETRIMENT OF OUR OWN SINT MAARTEN PEOPLE-

Achken Roberto Richardson.



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