Leroy George
The first paragraph on the “about” page of the National Infrastructure Development Company Limited (NIDCO) website reads:
“The National Infrastructure Development Company Limited (NIDCO) is a special purpose state enterprise, which was established by the Government of the Republic of Trinidad and Tobago in 2005. NIDCO develops and implements large-scale physical infrastructure projects in the transportation, water management, land and environmental protection sub-sectors. The primary services provided by the Company are procurement management, project management and management of marine transportation services. “
NIDCO has been tasked, by Central Government, with executing the expansion of the ANR Robinson Airport in Tobago. This requires that over 100 property owners and their families be relocated from their homes in the Crown Point area (where access to goods and services are as good as it can get in Tobago); to areas like Shirvan Road (where access to goods and services are as poor as it can get in Tobago West).
There is little to no access to electricity where these residents are being relocated. Central Government has been able to acquire, with or without voluntary consent, the lands of the Crown Point residents through the ‘Land Acquisition Act 28 of 1994’ and NIDCO is able to execute its duties through the power invested in it by Central Government.
However, many Tobagonians are asking, “Is Central Government’s charge over the airport expansion project consistent with the Tobago House of Assembly Act?”
The Land Acquisition Act was created in 1994, but in the Tobago House of Assembly Act 40, with a 1996 reform, there is a list of 33 responsibilities that are listed in its 5th Schedule which belong to the Tobago House of Assembly. Item 16 on this list reads: “Infrastructure, including air and sea transportation, wharves and airports and public utilities.”
The main point of contention that exists between the Crown Point residents who were and are being relocated, is the amount of compensation that has been offered to them. The first sentence of Part 3 of the Land Acquisition Act, labelled “compensation,” (section 11) states: “Any dispute as to compensation payable under this Act shall be determined by a Judge in accordance with the provisions.”
Section 12 of the Act goes on to read, “The assessment of the amount of compensation shall be made in accordance with the following rules (a) the value of land shall, subject as herein after provided, be taken to be the amount which the land, if sold in the open market by a willing seller in the condition in which it was, might be expected to realise at the date of the take of possession of the land under section 4(1) on the date of publication in the Gazette of the declaration made under section 5(3) whichever is earlier.
There is room for much improvement where public access to information regarding what is happening in Crown Point, as it pertains to compensation, is concerned. The apparent lack of consistency with the 5th Schedule of the Tobago House of Assembly Act has caused an air of suspicion to hang over the entire airport expansion project.
Some Tobagonians are waiting to see if the Tobago House of Assembly will file for an injunction based on the 5th Schedule to, if possible, among other things, purchase for the residents a stronger bargaining position for fair compensation and also time to evacuate their homes and so salvage some of their building materials.
Fresh eviction notices were given to the last remaining residents in the affected area, which instructs them to evacuate before the 15th of September 2022. It may be of importance to most Trinidad and Tobago property owners to gain an appreciation of exactly how the value of the Crown Point residents’ homes were determined so as to allocate compensation. Their land values seemingly diminished by Central Government’s property valuation methods may also mean a reduction in property values across the nation and result in subsequent reductions in the bills levied upon us in relation to property taxes collected by Central Government.
Leroy George is the Public Relations Officer of the Tobago Writers Guild. For more information about the Guild feel free to call or WhatsApp them at 1(868)620-5799, email TobagoWritersGuild123@gmail.comor visit our Facebook or Instagram accounts @TobagoWritersGuild