Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Special Features
July 17, 2009

Protection from Deprivation of Property

17.JULY.09

Editor: As we continue with the public education and discussion on the proposed changes recommended to the constitution, I would like to add my voice to the discussion. Chapter 3 of the proposed constitution “Protection of Fundamental Rights and Freedom” is proposing to make changes as outlined in section 30 (1) on page 19 “protection from Deprivation of Property”. From the existing constitution, this section states that where the Government is taking possession or acquisition of a property, payment must be made within reasonable time, of adequate compensation. The proposed change to this section is to qualify reasonable time to mean twelve (12) months.{{more}} However, because of the vagueness of “adequate compensation”, persons are also calling for the qualification of adequate compensation to mean “paying market value”. Editor, adequate compensation, while being vague, does not exclude paying market value or any other value, but I am afraid that if we make this change as some are asking because of the subjectivity in the use of the term “market value” and the different methodologies in computing market value, some persons could be in a worse off position from the acquisition.

To determine the value of a property, a valuation or an appraisal must be completed. This process is not a science but an art to express an educated guess or opinion. There are several types of valuations of which market value is one. The International valuation Standard (IVS) defines market value as the estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in an arms-length transaction after proper marketing where the parties have each acted knowledgably, prudently and without compulsion. Some other common forms of value for assets includes; Value in Use- the Net Present Value (NPV) of a cash flow that an asset generates for a specific owner under specific use. Also, the Investment Value- the value an asset earns to one investor and is usually higher than market value. There are normally three (3) methods in calculating these values, the Cost method or the cost to replace the property, the Sales Comparison method by comparing similar sales in the area, and the Income method which is the income earning capacity of the property.

Editor, without being technical, if you have a business and the Government wants to acquire your property, thereby affecting your business, would you want Market Value or the Investment value for your property/ business, especially when you consider the future income generating capacity of that investment? We are currently experiencing a global economic downturn, properties are difficult to sell and lenders are curtailing lending to minimize their risk, the net effect, especially in countries like the USA and England, is a large fall in market values of properties. While we have been experiencing generally an appreciation in property values because of market demand, we could see a reverse in trend later where property values could also decline based on market conditions. In a declining market, where no one really wants to sell his or her home, but Government wants to acquire for the public good, would you want to be paid market value based on a comparison method when property values are declining or at minimum the cost of relocating? Also, consider the possibility of a declining property market and having to go and rebuild your home and facing the high cost of labour, finding a piece of land and the high cost of building materials. Therefore, one could see the subjectivity of using market value and more so placing market value in the supreme law of the land as the method of compensation for property acquisition, which could put some in a worse off position because of the different methodology in computing. Editor, I am in support of leaving “Adequate Compensation” in the Constitution because while it may be vague it does not limit the Government from using any form of valuation or methodology to adequately compensate persons based on the situation, but limiting adequate compensation to mean market value could disenfranchise some. Remember, no Government when acquiring property should put their citizens in a worse off position. What is most important to note is that subsection 2 of the same section 30 on page 20 is from the current constitution and outlines the process an individual could take in seeking redress through the High Court if he feels he was not adequately compensated. This is what is most fundamental in securing our rights to deprivation to property that there is a process that is objective in securing redress.

In closing, I want to emphasise a point made by social commentator Renrick Rose several months ago when he called on us as a people to show maturity especially at this critical juncture of constitutional reform. We need to educate our people and encourage all to voice their opinion on the changes recommended. Now is the time for educating and lobbying, not seeing people’s opinion as “nonsensical and stupid”.

Cerlian “Maff” Russell

  • FacebookComments
  • ALSO IN THE NEWS
    Government’s Annual Christmas Road Cleaning Programme Begins Monday, December 8
    Press Release
    Government’s Annual Christmas Road Cleaning Programme Begins Monday, December 8
    Webmaster 
    December 5, 2025
    The Government of St. Vincent and the Grenadines has announced that the Annual Christmas Road Cleaning Programme will commence on Monday, December 8, ...
    New Cabinet takes oaths
    Front Page
    New Cabinet takes oaths
    Webmaster 
    December 5, 2025
    PRIME MINISTER Dr. Godwin Friday has thanked former Prime Minister Dr. Ralph Gonsalves and the ministers who served in the previous administration for...
    New Government receives counsel from Pastor Brent
    Front Page
    New Government receives counsel from Pastor Brent
    Webmaster 
    December 5, 2025
    WITH THE GENERAL ELECTIONS season over in St Vincent and the Grenadines, and a new prime minister now in office, one religious leader here is calling ...
    Dr. Gonsalves expects privileges, courtesies as ex-PM
    Front Page
    Dr. Gonsalves expects privileges, courtesies as ex-PM
    Webmaster 
    December 5, 2025
    FORMER PRIME MINISTER, Dr. Ralph Gonsalves says he is expecting that as a former prime minister, he will be accorded “all the usual courtesies and pri...
    Woman killed in Ottley Hall
    Front Page
    Woman killed in Ottley Hall
    Webmaster 
    December 5, 2025
    CERTAIN DATES hold bad omens for people, and that is exactly what December 1, is for the Fredericks family of Ottley Hall- a bad omen. In an uncanny k...
    Homicide in Layou again
    Front Page
    Homicide in Layou again
    Webmaster 
    December 5, 2025
    LAYOU IS IN THE NEWS in relation to homicide again, and this time around it was a female from the area that lost her life when a gunman struck. On Fri...
    News
    Taiwan downplays fears of SVG Diplomatic
    News
    Taiwan downplays fears of SVG Diplomatic
    Webmaster 
    December 5, 2025
    AIWAN HAS PLAYED DOWN concerns that St Vincent and the Grenadines might switch diplomatic recognition to Beijing, insisting ties with its Caribbean al...
    St. Lucia stays red: SLP secures 14 of 17 seats, Pierre returns as PM
    News, Regional / World
    St. Lucia stays red: SLP secures 14 of 17 seats, Pierre returns as PM
    Webmaster 
    December 5, 2025
    ST. LUCIA’s political map turned bright red on Monday as the St. Lucia Labour Party secured a commanding re-election victory, clinching 14 of 17 seats...
    High Court quashes appointments of Clerk, Deputy Clerk of Parliament
    News
    High Court quashes appointments of Clerk, Deputy Clerk of Parliament
    Webmaster 
    December 5, 2025
    THE HIGH COURT sitting in St Vincent and the Grenadines (SVG), ruled in favour of the Public Service Union (PSU) in the matter leading to the appointm...
    Several Vincentians in UK military dodge the proverbial bullet
    News
    Several Vincentians in UK military dodge the proverbial bullet
    Webmaster 
    December 5, 2025
    SEVERAL VINCENTIAN soldiers attached to military units in the United Kingdom (UK), who were part of war games which were recently held on Salisbury Pl...
    Deputy Prime Minister says violence goes beyond politics
    News
    Deputy Prime Minister says violence goes beyond politics
    Webmaster 
    December 5, 2025
    RECENTLY APPOINTED Minister of National Security, Major St. Clair Leacock, says the crime situation in St Vincent and the Grenadines (SVG), goes way b...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok