Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • logo
      • logo
      • logo
    • About Us
      • logo
      • 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
    Chatham Bay sale a betrayal, says Union Island resident
    Front Page
    Chatham Bay sale a betrayal, says Union Island resident
    Webmaster 
    September 1, 2026
    The government’s decision to sell approximately 100 acres of land at Chatham Bay for preservation purposes at a cost of EC$52.7 million dollars is not...
    CED unveils US$ 4.6m. five-year strategic plan
    Front Page
    CED unveils US$ 4.6m. five-year strategic plan
    Webmaster 
    September 1, 2026
    The Centre for Enterprise Development Inc. (CED), has unveiled a US$4.64 million five-year strategic plan aimed at strengthening the organisation’s su...
    Taiwan-SVG mark diplomatic milestone with Youth Cultural showcase
    Front Page
    Taiwan-SVG mark diplomatic milestone with Youth Cultural showcase
    Webmaster 
    September 1, 2026
    A vibrant cross-cultural showcase by a 30-member delegation of Taiwan International Youth Ambassadors has brought fresh energy to the 45-year diplomat...
    Ralph Gonsalves speaks unity to PNM in Trinidad
    Front Page
    Ralph Gonsalves speaks unity to PNM in Trinidad
    Webmaster 
    September 1, 2026
    There will be dissonances because my brother… [Colm] Imbert, [former Finance Minister], there are dissonances in every symphony. And how do we deal wi...
    Young Vincentian advocates for youth Empowerment
    Front Page
    Young Vincentian advocates for youth Empowerment
    Webmaster 
    September 1, 2026
    Young Vincentians possess the undeniable capacity to steer their nation’s future, but they urgently require dedicated structural platforms to effectiv...
    Two receive Bunpan Scholarships
    News
    Two receive Bunpan Scholarships
    Webmaster 
    September 1, 2026
    The parents of Havanna James and Miccoy Mc Nicholls will see their children start their secondary education come September 7,2026, with much ease and ...
    News
    Two receive Bunpan Scholarships
    News
    Two receive Bunpan Scholarships
    Webmaster 
    September 1, 2026
    The parents of Havanna James and Miccoy Mc Nicholls will see their children start their secondary education come September 7,2026, with much ease and ...
    Digicel expands Full-Fibre Network
    News
    Digicel expands Full-Fibre Network
    Webmaster 
    September 1, 2026
    Telecommunications company Digicel, has announced a major expansion of its end-to-end fiber network across St. Vincent that will put its services with...
    Rodney Small wants to see SHESO pan yard transformed
    News
    Rodney Small wants to see SHESO pan yard transformed
    Webmaster 
    September 1, 2026
    President of the Youlou Pan Movement (YPM), Rodney Small, has proposed that the Sion Hill Euphonium Steel Orchestra’s (SHESO) pan yard located at Sion...
    Founder of Straker’s Records dies at 86
    News
    Founder of Straker’s Records dies at 86
    Webmaster 
    September 1, 2026
    The renowned Vincentian, music producer and pioneering founder of Straker’s Records has died in his adopted home, the USA. His family announced that S...
    African snails ‘terrorising’ Clare Valley residents
    News
    African snails ‘terrorising’ Clare Valley residents
    Webmaster 
    August 28, 2026
    Some residents of Clare Valley in the South Leeward constituency are calling on the relevant authorities to address an infestation of African snails i...

    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