RP794
LC Disaster Management Project II
Land Acquisition and Involuntary Resettlement Report
Saint Lucia, February 15-20, 2007
1.
Project background
The current land acquisition request stems from the implementation of Component 1 “Physical Prevention
and Mitigation Works” which includes carrying out of coastal and flood protection works for Dennery
Village. Dennery is a low-lying fishing village on the east coast of Saint Lucia, confined by the Dennery
River in the south and the Trou A L’Eau River in the north. The village has been prone to flooding, storm
surge and damage by wave action and high seas, as evidenced during the passage of such storms as
Tropical Storm Debbie in 1994 and Hurricane Lenny in 1999. Most recently, Tropical Storm Ivan (2004)
resulted in significant beach erosion and damage to property.
The works were tendered and awarded as two separate contracts: the Dennery Coastal Protection Phase 1
and 2 and the Dennery River Trou a Leau Ravine Works.
The Contract for the Coastal Protection Phase 1 and 2 was awarded to Mirai Construction Company
Limited for a contract price of EC$6,683,042.53. The works commenced on July 26, 2005 and was
completed in the first week of September 2006. These works included:
Phase 1
 Construction of a 415m long buried revetment, starting from the Dennery River in
the south and going as far north as approximately opposite St. Peter’s Church.
 The seaward side of the revetment has been nourished with sand redistributed from
excavation creating a slope 1:6.
 Clearing of the mouth of the Dennery River (approximately 500 m3), and the placement of
that sand on the beach in front of the revetment, in the south-central part of the beach.
Phase 2
• Construction of three (3) offshore breakwaters, each 50m, 50m and 60m
respectively, going from the south to the north. The breakwaters are to be sited in approximately
2-3 m water depth and will each have a crest elevation of +1.5m.
• Construction of an armoured berm, at the north end of the bay, and immediately
north of the Daito.
• Filling behind the berm, to create a landfill area at an elevation of +1.5m using a
volume of landfill that is estimated to be 3,600 m3.
• Extending of the ravine south drain wall, east of the road bridge, by 54m.
• Raising of the north wall of the ravine, east of the road bridge, for a distance of 50m.
• Construction of a revetment along the north boundary of the village, for a linear
distance of 50m. This revetment will be built with a crest elevation of +2m.
The second contract which is ongoing was awarded to Hippolyte Equipment Services (HES) for contract
price of EC$1,429,505.77. The Contractor commenced mobilization on October 30, 2006. All works under
the Contract are scheduled to be executed over 54 weekscompleted in July 2007. The following outlines
the works to be carried out:
a) Dennery River Works:• The north embankment of the Dennery River is to be raised to a crest elevation of +3.0m and
extended from the Dennery Bridge abutment to the shore on the north side of the river.
• River training works in the form of a stepped gabion gravity wall are to be constructed to an
elevation of +4.0m to +3.0m for a distance of 45m downstream of
the northern abutment of the Dennery Bridge.
• The low area between the north embankment and Mole Road will be filled, graded and
provided with separate drainage towards the sea.
b) Trou A L’eau Ravine Works:• The capacity of the existing culvert for the Trou A L’eau Ravine is to be increased by
constructing a similar culvert adjacent to the existing one.
• The walls of the existing Ravine channel are to be raised to +1.6m to improve
containment, and the area behind the walls of the channel should be backfilled to raise the
grade.
The Abbreviated Land Acquisition Plan focuses on the works to be executed on the Dennery River as
captioned above and the revised scope of works which entails extension of the existing berm from the
Dennery Bridge abutment to the existing gabion baskets at the mouth of the river and elevation of the
embankment from the bridge upstream to the river as contained in the Final Design Report of October 2003
prepared by Smith Warner International of Jamaica but not contained in the Bill of Quantities because of
land acquisition issues. At that time the survey process was hindered the land owners which resulted in
this portion of the design being omitted from the Bill of Quantities of the works being tendered, thus it was
also omitted from the contract awarded to HES. The Ministry of Physical Development now deems in
hindsight that valuable time would have been saved if better communication had been attempted at that
time.
In 2006 while the works were being tendered and the consultant was on-site supervising the previous works
contract it became apparent that for the solution to be effective a topographical survey was required. In
addition, the area had deteriorated following the passage of Hurricane Ivan. Therefore, in February 2006
the Ministry of Communications and Works requested that the contract of SWI be varied so that the
consultant could undertake a topographical survey of the affected area in order to revise the designs for the
proposed Dennery River / Trou A Leau Ravine which forms part of the Coastal Protection Works for the
Dennery Village (SWI Report dated February 13, 2006). The Topographical survey was undertaken in
June 2006 with the recommendations outlined in the report of February 13, 2006 with an estimated cost of
EC$$3,009,346.25.
The topographical survey was required of the area to be re-graded (immediately north of the river) which is
quite flat, in order for it to be re-graded and to be able to identify the houses, etc on the survey plan. In
order to achieve adequate falling grades back to the swale as proposed, the northern edge and that area is
exactly where the houses are located needs to be raised. The boulder revetment along the river banks do
not go all the way back to the bridge on the highway. There is therefore a gap between the end of the river
bank revetment and the gabion basket river wall immediately east of the bridge. This leaves a vulnerable
window between where the berm stops and the section of the river bank nearest the river, and, given the
extensive rainfall experienced last year, consideration needs to be given to extend the revetment all the way
back to the bridge. In order to implement this solution there are some land ownership and possible access
issues, which would first have to be resolved. From the time of preparation of the designs in 2002 the land
owners have now erected fences and some enclosures on lands to be re-graded in the contract. The
Government of Saint Lucia (GOSL) now needs to acquire 30% the lands so that works contractor can
proceed with scope of works.
2.
Current proposal
The original designs of the North embankment have reached over 90% completion. The extension of the
embankment requires 6,039m2 to be acquired of the total lands of 19,895.77 m2.
The Ministry of Physical Development, the Ministry of Communication and Works, SWI and the PCU
agree that a 180-meter extension of the recently constructed embankment is imperative for two main
reasons. First, the lands located beyond the end of the embankment will remain unprotected from both the
periodic flooding of the river. Second, and equally important, the existing works will lose effectiveness,
since the town’s vulnerability to major floods (as in the most recent case of Hurricane Debbie and Tropical
Storm Ivan) will remain as high as it was prior to the construction of the embankment. Nevertheless, this
6,039m2 land is privately owned. In order to move forward with the request for additional financing and
consequently with the proposed extension of physical works, this privately owned land would inevitably
need to be acquired by the GOSL, with the purpose of carrying out public works.
3.
St. Lucia’s Legal Framework
The Laws of St. Lucia include a Land Acquisition Act established in 1946. The mentioned Act provides a
very detailed account of the procedures enforced by the Government of St. Lucia in matters pertaining to
the acquisition of land for public purposes.
Notification and Due Procedure:
3.
Acquisition of Land
(1) If the Governor General considers that any land should be acquired for a public
purpose1 he or she may cause a declaration to that effect to be made in the manner
provided by this section and the declaration shall be conclusive evidence that the land to
which it relates is required for a public purpose.
(2) Every declaration shall be published in 2 ordinary issues of the Gazette and copies
thereof shall be posted on one of the building (if any) on the land or exhibited at suitable
places in the locality in which the land or exhibited at suitable places in the locality in
which the land is situated, and in the declaration shall be specified the following
particulars in relation to the land which is to be acquired(a) the parish or district in which the land is situated;
(b) a description of the land, giving the approximate area and such other
particulars as are necessary to identify the land;
(c) in cases where a plan has been prepared, the place where, and the time when,
a plan of the land can be inspected;
(d) the public purpose for which the land is required.
The Act sets forth the following definition: “For the avoidance of doubt it is hereby declared that the expression “public purpose” in
this Act shall include the purpose of fulfilling any obligation of the Government, or of Her Majesty’s Government in the United
Kingdom, under any treaty or agreement made by the Government or by Her Majesty’s Government, as the case may be, with the
Government of any other country, territory or place, ad any purpose pertaining or ancillary thereto.”
1
(3) Upon the second publication of the declaration in the Gazette as aforesaid the land shall
vest absolutely in the Crown.
(4) This section does not prevent the acquisition of lands for public purposes by private
treaty.”
Negotiations with Landowners:
4.
Authorised Officer to Treat with Landowner:
(1) As soon as any declaration has been published in accordance with the provisions of
section 3, the authorized officer shall without delay, enter into negotiations (or further
negotiations) for the purchase of the land to which the declaration relates upon
reasonable terms and conditions, and by voluntary agreement with the owner of the land.
(2) It is not necessary for the authorized officer to await the publication of the declaration
before he or she endeavors to ascertain from the owner the terms and conditions on
which he or she is willing to sell his or her land, but no negotiations or agreement is
considered to be concluded unless and until the conditions of sale and acquisition have
been approved in writing by the Governor General.
Compensation evaluation:
19. Rules for Assessment of Compensation
Subject to the provisions of this Act the following rules shall apply to the assessment and award of
compensation by a Board for the compulsory acquisition of land(a) the value of the land shall, subject as hereinafter provided, be taken to be the
amount which the land, in its condition at the time of acquisition, if sold in the
open market by a willing seller, might have been expected to have realized at
a date 12 months prior to the date of the second publication in the Gazette of
the declaration under section 3.
However, this rule shall not affect the assessment of compensation for any
damage sustained by the person interested by reason of severance, or by
reason of the acquisition injuriously affecting his or her other property or his
or her earnings, or for disturbance, or any other matter not directly based on
the value of the land;
21.
Interest
The Board, in awarding compensation may add thereto interest at the rate of 6% per year calculated
from the date upon which the authorised officer entered into possession of the land acquired until the
date of the payment of the compensation awarded by the Board.
2.
Practical application and enforcement of Land Acquisition Act
The Surveys and Mapping Department of the Government (Ministry of Physical Development) provided
additional and very useful information regarding the practical application and enforcement of the national
laws. The following points were of particular pertinence to the purpose of understanding the practice of
land acquisition in St. Lucia, and therefore its degree of compliance with World Bank policy:

Market Value - They verified that the calculation of compensation was on market value, which is
based on the sale of property of similar characteristics with up to one year

Valuation System – valuations of property value are very flexible and always favour the land
owner. They are based on the location, number of dependencies and size of land.

Interest- 6% interest is indeed paid to the private land owner if the payment schedule is delayed.
This is substantially above interest rates paid by banks.

Procedural delays - Slight delay now because, due to recent general elections, no cabinet secretary
has been appointed. After that, notifications will be sent out.

Payment is delivered upon completion of works- Advanced payment has exceptionally been paid
through private treaty if strongly requested, however it is not very common.
3.
Progress report
The Survey and Mapping Department provided a chronological list of procedural steps that are customarily
carried out with respect to the Disaster Management Project II. This list has been completed and updated
during the field visit.2
2
(i)
Notifications of intention, also known as “courtesy calls”, to acquire properties that are likely to
be affected by the project has been sent up for publication.
(ii)
A meeting took place on January 24th, 2007 to meet the parties affected by the project.
Personnel of the Ministry of Physical Development including the Surveys and Mapping
Department were represented.
(iii)
Letters to individual proprietors for intention of Acquisition are being prepared to inform the
affected parties about the project and the procedure that will be used for the Acquisition and
compensation.
(iv)
Upon completion of works, it will be advised that a Private Land Surveyor execute the survey
for the necessary Acquisition. It is necessary for the Surveyor to be briefed by this office.
(v)
On completion of the Acquisition survey a valuation on each of the acquired properties will be
done and the properties will be declared in the Gazette.
Surveys and Mapping team interviewed: Mr. Jn Baptiste, Mr. Justus Nelson, Mr. Celsus Baptiste and Mr.
Julian King represents the Crown Land Section of the Ministry of Physical Development.
(vi)
The Affected parties will be brought in to discuss compensation for the property acquired.
(vii) Tribunal process is available to air concerns and claims.
4.
Consultations with property owners
On Saturday February 17, 2007, the World Bank Safeguards Specialist (Ms. Kimberly Vilar) carried out a
meeting with the three representatives of the property owners to be affected by the extension of the North
embankment. Seven of the subdivided plots were represented in the meeting. This meeting was very
revealing as to the affected persons’ point of view regarding the institutional and practical aspects of the
project. Out of the three representatives, two (Mr. Joseph Sydney and Ms. Cecilia St. Marthe) own and/or
represent family ownership of the plots where the embankment has not yet been raised, while one (Ms.
Phillipa Regis, representing the Biscette and Regis branches of her family) represents four subdivided plots
which straddle the land where the embankment is currently raised and the area that will soon be acquired
for the purpose of extending the embankment in the case that additional financing is approved.
When asked what changes to their town they had perceived since the beginning of the works, the meeting
participants expressed their distress as to the unauthorized use of their land for the purpose of transporting
materials, storage and/or dumping of materials and cutting down their trees, without prior consent or
consultation of any kind. Moreover, an area belonging to the Biscette - Regis family was used for the
construction of the existing embankment without consent or compensation; the only compensation paid was
for some coconuts trees that were removed. According to Ms. Regis they were not informed or consulted
regarding the designs of the project in any capacity, and therefore were not aware of the project’s plans to
advance on their area. Instead, they had been under the impression that the embankment would border the
river’s edge. The meeting participants also mentioned their sense of helplessness given the absence of any
grievance mechanism or responsible party to whom they could voice their concerns.
In sum the participants agreed that the project per se will indeed benefit their properties and the well-being
of their town and community. Not only do they acknowledge the benefits it will provide, they are eager to
see the works extended and completed as far in advance as possible before this year’s June storms. On the
other hand, they have insightful and constructive suggestions as to the implementation of the proposed
works that would make both the project’s outcome and process a success. These suggestions include:

Keeping stakeholders informed about the details of the project during its design and
implementation stages. Their first contact with the project’s intention to build an embankment
was when the trucks and heavy construction equipment passed through or near their property. The
participants think that this could have been avoided with healthy communication. They suggested
that the recent town hall meeting regarding the designs for the new square/playground in the
restored beach area had been a good practice of this kind of transparency, one that they would
encourage for future construction projects.

Validating designs and implementation practices with the stakeholders. The meeting
provided suggestions that could be instrumental to the preventative purpose of the embankment,
based on their experience with Hurricane Debbie and other floods, for example, the need for
additional drains in order to prevent flooding (as well as the regular maintenance of the existing
one that recurrently gets clogged with elephant grass and other materials). The meeting held at
the end of January did not meet this objective, as they were presented as the contractor explained
the actions this company would take and stated that the government would expropriate the
necessary land with or without their consent.
5.
Bank Asset Acquisition Policy according to OP 4.12
The present request for additional financing for the extension of the Dennery River’s north embankment
triggers the Bank’s Operational Policy 4.12, regarding involuntary resettlement, as the policy covers direct
economic and social impacts that both result from Bank-assisted investment projects, and are caused by the
involuntary taking of land resulting in the loss of assets.
In order to address these impacts, the Borrower must implement measures to ensure that the affected
persons are:
(i)
informed about their options and rights pertaining to resettlement;
(ii)
consulted on, offered choices among, and provided with technically and
economically feasible resettlement alternatives;
(iii)
provided prompt and effective compensation at full replacement cost for losses of
assets attributable directly to the project.
“Full replacement cost” is the method of valuation of assets that helps determine the
amount sufficient to replace lost assets and cover transaction costs. In applying this
method of valuation, depreciation of structure and assets should not be taken into
account. For losses that cannot easily be valued or compensated for in monetary
terms (e.g. access to public services, customers and supplies; or to fishing grazing or
forest areas), attempts are made to establish access to equivalent and culturally
acceptable resources and earning opportunities. If St. Lucian national law does not
meet the standard of compensation at full replacement cost, compensation under
domestic law would be supplemented by additional measures necessary to meet the
replacement cost standard. Such additional assistance is distinct from resettlement
assistance to be provided.
6.
Compliance with OP 4.12 has not been met
In conclusion, the national legal framework provides the Government of St. Lucia with instruments
that entitle bearers of assets with rights of notification and fair compensation, which are compatible
with the Bank’s involuntary resettlement policy. A court case precedent as well as interviews with
different actors also offer some evidence to the fact that the customary application of this legal
framework has usually favored land owners (in terms of negotiated compensation) vis-à-vis the State.
Nevertheless, the project does not comply with OP 4.12 for two reasons. First, the chronology of
events permitted under the Land Acquisition Act is exactly the opposite of the timing accepted by the
Bank. According to Bank policy, the land owners/occupants must be compensated before the works
take place, while the Land Acquisition Act allows this payment to take place after the completion of
the works. It is therefore fundamentally important that this order be reversed in order to proceed with
the extension of the works. Second, the project’s strictly legalistic reliance on the State’s authority and
ability to acquire land as long as it is in accordance with the Land Acquisition Ordinance has
apparently resulted in the responsible parties neglecting to engage with the affected land owners as
legitimate stakeholders through a transparent communication strategy. Therefore, compliance with
Bank policy will depend on (i) the Government’s commitment to a transparent communication strategy
based on the information and validation processes set out in Section 4 and including a clear grievance
mechanism for the affected persons to voice their concerns; and (ii) the remedial evaluation of unpaid
damages incurred during the construction of the now nearly completed Northern embankment.
ANNEX 1.
LC Disaster Management Project II
Abbreviated Land Acquisition Plan
1.
Introduction
The current land acquisition request stems from the implementation of Component 1 “Physical Prevention
and Mitigation Works” which includes carrying out of coastal and flood protection works for Dennery
Village. Dennery is a low-lying fishing village on the east coast of Saint Lucia, confined by the Dennery
River in the south and the Trou A L’Eau River in the north. The village has been prone to flooding, storm
surge and damage by wave action and high seas, as evidenced during the passage of such storms as
Tropical Storm Debbie in 1994 and Hurricane Lenny in 1999. Most recently, Tropical Storm Ivan (2004)
resulted in significant beach erosion and damage to property.
The works were tendered and awarded as two separate contracts: the Dennery Coastal Protection Phase 1
and 2 and the Dennery River Trou a Leau Ravine Works.
The Contract for the Coastal Protection Phase 1 and 2 was awarded to Mirai Construction Company
Limited for a contract price of EC$6, 683,042.53. The works commenced on July 26, 2005 and was
completed in the first week of September 2006. These works included:
Phase 1
 Construction of a 415m long buried revetment, starting from the Dennery River in
the south and going as far north as approximately opposite St. Peter’s Church.
 The seaward side of the revetment has been nourished with sand redistributed from
excavation creating a slope 1:6.
 Clearing of the mouth of the Dennery River (approximately 500 m3), and the placement of
that sand on the beach in front of the revetment, in the south-central part of the beach.
Phase 2
• Construction of three (3) offshore breakwaters, each 50m, 50m and 60m
respectively, going from the south to the north. The breakwaters are to be sited in approximately
2-3 m water depth and will each have a crest elevation of +1.5m.
• Construction of an armoured berm, at the north end of the bay, and immediately
north of the Daito.
• Filling behind the berm, to create a landfill area at an elevation of +1.5m using a
volume of landfill that is estimated to be 3,600 m3.
• Extending of the ravine south drain wall, east of the road bridge, by 54m.
• Raising of the north wall of the ravine, east of the road bridge, for a distance of 50m.
• Construction of a revetment along the north boundary of the village, for a linear
distance of 50m. This revetment will be built with a crest elevation of +2m.
The second contract, completed on July 30, 2007, was awarded to Hippolyte Equipment Services (HES) for
contract price of EC$1,429,505.77. The Contractor commenced mobilization on October 30, 2006. All
works under the Contract are scheduled to be executed over 54 weeks with an expected completion date of
June 13, 2007. The following outlines the works that were carried out:
a) Dennery River Works:-
• The north embankment of the Dennery River is to be raised to a crest elevation of +3.0m and
extended from the Dennery Bridge abutment to the shore on the north side of the river.
• River training works in the form of a stepped gabion gravity wall are to be constructed to an
elevation of +4.0m to +3.0m for a distance of 45m downstream of
the northern abutment of the Dennery Bridge.
• The low area between the north embankment and Mole Road will be filled, graded and
provided with separate drainage towards the sea.
b) Trou A L’eau Ravine Works:• The capacity of the existing culvert for the Trou A L’eau Ravine is to be increased by
constructing a similar culvert adjacent to the existing one.
• The walls of the existing Ravine channel are to be raised to +1.6m to improve containment,
and the area behind the walls of the channel should be backfilled to raise the grade.
The Abbreviated Land Acquisition Plan focuses on the works to be executed on the Dennery River as
captioned above and the revised scope of works which entails extension of the existing berm from the
Dennery Bridge abutment to the existing gabion baskets at the mouth of the river and elevation of the
embankment from the bridge upstream to the river as contained in the Final Design Report of October 2003
prepared by Smith Warner International of Jamaica but not contained in the Bill of Quantities because of
land acquisition issues. At that time the survey process was hindered the land owners which resulted in
this portion of the design being omitted from the Bill of Quantities of the works being tendered, thus it was
also omitted from the contract awarded to HES. The Ministry of Physical Development now deems in
hindsight that valuable time would have been saved if better communication had been attempted at that
time.
In 2006 while the works were being tendered and the consultant was on-site supervising the previous works
contract it became apparent that for the solution to be effective a topographical survey was required. In
addition, the area had deteriorated following the passage of Hurricane Ivan. Therefore, in February 2006
the Ministry of Communications and Works requested that the contract of SWI be varied so that the
consultant could undertake a topographical survey of the affected area in order to revise the designs for the
proposed Dennery River / Trou A Leau Ravine which forms part of the Coastal Protection Works for the
Dennery Village (SWI Report dated February 13, 2006). The Topographical survey was undertaken in
June 2006 with the recommendations outlined in the report of February 13, 2006 with an estimated cost of
EC$3,009,346.25.
The topographical survey was required of the area to be re-graded (immediately north of the river) which is
quite flat, in order for it to be re-graded and to be able to identify the houses, etc on the survey plan. In
order to achieve adequate falling grades back to the swale as proposed, the northern edge and that area is
exactly where the houses are located needs to be raised. The boulder revetment along the river banks do
not go all the way back to the bridge on the highway. There is therefore a gap between the end of the river
bank revetment and the gabion basket river wall immediately east of the bridge. This leaves a vulnerable
window between where the berm stops and the section of the river bank nearest the river, and, given the
extensive rainfall experienced last year, consideration needs to be given to extend the revetment all the way
back to the bridge. In order to implement this solution there are some land ownership and possible access
issues, which would first have to be resolved. From the time of preparation of the designs in 2002 the land
owners have now erected fences and some enclosures on lands to be re-graded in the contract. The
Government of Saint Lucia (GOSL) now needs to acquire 30% the lands so that the works contractor can
proceed with scope of works.
2.
Description of problem
The original designs of the North embankment have reached over 90% completion. The extension of the
embankment requires 6,039m2 to be acquired of the total lands of 19,895.77 m2.
The Ministry of Physical Development, the Ministry of Communication and Works, SWI and the PCU
agree that a 180-meter extension of the recently constructed embankment is imperative for two main
reasons. First, the lands located beyond the end of the embankment will remain unprotected from both the
periodic flooding of the river. Second, and equally important, the existing works will lose effectiveness,
since the town’s vulnerability to major floods (as in the most recent case of Hurricane Debbie and Tropical
Storm Ivan) will remain as high as it was prior to the construction of the embankment. Nevertheless, this
6,039m2 land is privately owned. In order to move forward with the request for additional financing and
consequently with the proposed extension of physical works, this privately owned land would inevitably
need to be acquired by the GOSL, with the purpose of carrying out public works.
3.
Legal framework
The Laws of St. Lucia include a Land Acquisition Act established in 1946. The mentioned Act provides a
very detailed account of the procedures enforced by the Government of St. Lucia in matters pertaining to
the acquisition of land for public purposes.
Notification and Due Procedure:
3.
Acquisition of Land
(1) If the Governor General considers that any land should be acquired for a public
purpose3 he or she may cause a declaration to that effect to be made in the manner
provided by this section and the declaration shall be conclusive evidence that the land to
which it relates is required for a public purpose.
(2) Every declaration shall be published in 2 ordinary issues of the Gazette and copies
thereof shall be posted on one of the building (if any) on the land or exhibited at suitable
places in the locality in which the land or exhibited at suitable places in the locality in
which the land is situated, and in the declaration shall be specified the following
particulars in relation to the land which is to be acquired(a) the parish or district in which the land is situated;
(b) a description of the land, giving the approximate area and such other
particulars as are necessary to identify the land;
(c) in cases where a plan has been prepared, the place where, and the time when,
a plan of the land can be inspected;
(d) the public purpose for which the land is required.
The Act sets forth the following definition: “For the avoidance of doubt it is hereby declared that the expression “public purpose” in
this Act shall include the purpose of fulfilling any obligation of the Government, or of Her Majesty’s Government in the United
Kingdom, under any treaty or agreement made by the Government or by Her Majesty’s Government, as the case may be, with the
Government of any other country, territory or place, ad any purpose pertaining or ancillary thereto.”
3
(3) Upon the second publication of the declaration in the Gazette as aforesaid the land shall
vest absolutely in the Crown.
(4) This section does not prevent the acquisition of lands for public purposes by private
treaty.”
Negotiations with Landowners:
7.
Authorised Officer to Treat with Landowner:
(1) As soon as any declaration has been published in accordance with the provisions of
section 3, the authorized officer shall without delay, enter into negotiations (or further
negotiations) for the purchase of the land to which the declaration relates upon
reasonable terms and conditions, and by voluntary agreement with the owner of the land.
(2) It is not necessary for the authorized officer to await the publication of the declaration
before he or she endeavors to ascertain from the owner the terms and conditions on
which he or she is willing to sell his or her land, but no negotiations or agreement is
considered to be concluded unless and until the conditions of sale and acquisition have
been approved in writing by the Governor General.
Compensation evaluation:
19. Rules for Assessment of Compensation
Subject to the provisions of this Act the following rules shall apply to the assessment and award of
compensation by a Board for the compulsory acquisition of land(a) the value of the land shall, subject as hereinafter provided, be taken to be the
amount which the land, in its condition at the time of acquisition, if sold in the
open market by a willing seller, might have been expected to have realized at
a date 12 months prior to the date of the second publication in the Gazette of
the declaration under section 3.
However, this rule shall not affect the assessment of compensation for any
damage sustained by the person interested by reason of severance, or by
reason of the acquisition injuriously affecting his or her other property or his
or her earnings, or for disturbance, or any other matter not directly based on
the value of the land.
22.
Interest
The Board, in awarding compensation may add thereto interest at the rate of 6% per year calculated
from the date upon which the authorised officer entered into possession of the land acquired until the
date of the payment of the compensation awarded by the Board.
4.
Census and characteristics of affected properties
Table 1. Properties
Block
/
Parcel
No.
Name of
household
head
Area of
lot
(square
meters)
Level of
affectation
(square
meters)
1837B,
71
1837
B, 72
1837
C, 188
Joseph
Sydney
Charles
Bryan
Heirs of
Merlanise
Francis,
Merland
Francis and
Anita
Biscette
Virginia and
Joseph Regis
Madeleine
Biscette
Catherine
Sydney
1,100
1837
C, 227
1837
C, 226
1837
C,
191
1837
C,
193
1837
C,
220
1837
C,
194
1837
C,
197
1837
C,
198
Total
Uses of
the
property
120
Proportion
of land to
be
acquired
by the
Crown
(%)
10.0
Agreed
Value of
land to be
acquired
2,500
150
6.0
Residential
EC$31,115.50
deposited
4,652.73
754
16.0
Vacant
EC$60,060.00
deposited
2,600
216
8.0
Residential
EC$36,068.50
Paid
2,400
733
30.0
Residential
EC$42,939.00
Paid
3,500
1434
40.0
Residential
EC$62,998.00
Paid
Girard
Edward
464.4
414
89.0
Vacant
44,725.50
Paid
Eve Marie
Mongroo,
Gregory
Mongroo
and
Desmond
Mongroo as
trustees
Catherine
Sydney
278.64
93
33.0
Vacant
EC$39,292.50
Paid
1,900
1087
57.0
Vacant
EC$19,896.50
Paid
Residential
*
77
Alexander
Xavier
Form of
payment
*
500
79
15.0
19,895.77
6039
30.0
Vacant
*
EC$337,095.50
Total paid
and
deposited
depoisted
* These lots (and corresponding landowners) were originally identified; however they were
not acquired by the Crown as they will not be affected by the works to be implemented.
See Annex 2 with the Mapping Details. The information in the above table has been validated by the
Surveys Department of the Ministry of Physical of Development along with confirmation from the Property
owners. The PCU will coordinate this activity and provide the necessary confirmation and information to
the Bank by March 2, 2007.
5.
Proposed assistance for the families
Table 2. Summary of the solutions agreed to with the affected persons
Family
Resettlement solution
Comments
code
1837B, 71 Compensation and Social
The compensation will be calculated based on current
Assistance
market value (and values up to 12 months prior) and
paid once the survey undertaken of the actual lands to
be acquired. The social assistance will include the
guidance of the Community Development Officer for
Dennery (Ministry of Social Transformation) regarding
land acquisition legislation, land owners’ rights during
the process of public purchase of private land, and the
details pertaining specifically to the progress of the
project.
1837 B,
Compensation and Social
Idem.
72
Assistance
1837 C,
Compensation and Social
Idem.
188
Assistance
1837 C,
Compensation and Social
Idem.
227
Assistance
1837 C,
Compensation and Social
Idem.
226
Assistance
1837 C,
Compensation and Social
Idem.
191
Assistance
1837 C,
Compensation and Social
Idem.
193
Assistance
1837 C,
Compensation and Social
Idem.
220
Assistance
1837 C,
194
1837 C,
197
1837 C,
198
6.

Compensation and Social
Assistance
Compensation and Social
Assistance
Compensation and Social
Assistance
Idem.
Idem.
Idem.
Institutional arrangements for the implementation and monitoring of the land acquisition plan
activities
Ministry of Physical Development: Surveys and Mapping Units, Physical Planning Section,
Commissioner of Crown Lands, Registrar of Lands
Ministry of Social Transformation: Community Development Officer
PCU, Project Coordinator
Ministry of Communications and Works: Technical Unit



8.
Sources of funding and estimated cost
The cost of acquisition and associated administrative and logistical costs will be provided for by the
Ministry of Physical Development in its Budget submissions as Land Acquisitions form part of the
Planning program of the Ministry. The exact costs are not available at this time, given that, according to
the Land Acquisition Act, these payments must be made before the works begin.
9.
Resettlement timetable
Table 3. Land acquisition timetable
Activities
Dates
Budget
Assignment of Community
February 23, 2007
Development Officer
1st of a series of Meetings to
March 1, 2007
inform stakeholders and
affected group of the designs,
legal issues, rights to claims and
role of CDO
Analysis and identification of
March 9, 2007
impacts of works already done.
Calculation and payment of
compensation
On going assistance with legal
issues, remedial issues etc
$0.00
Publication of Notice in Gazette March 9, 2007
$0.00
Follow up to Courtesy call
$0.00
March 16, 2007
Responsible
institution/human
resources assigned
PCU
$0.00
PCU to coordinate
(Technical Officers and
all Stakeholders to
attend
To be determined
Survey and Mapping
Unit and the MCW.
Budgetary allocations
are already assigned.
CDO and a selected
member from the
affected group
Survey and Mapping
Unit
Survey and Mapping
$0.00
meeting of January 24, 2007
Meeting to serve Notices to
affected group
Survey of actual lands acquired
Unit
Insert date before
the implementation
of works
commences.
Definition of compensation and To be undertaken
payment
following Surveys
and submission of
As built drawings
To be determined
To be determined
To be included in HES/
SWI contracts and paid
for by PCU project
budget. Budgetary
allocations are already
assigned within the
Project.
Survey and Mapping
Unit
10.
Monitoring and follow-up activities
The PCU will be responsible for following up and ensuring that these activities are completed as outlined.
Minutes will be kept for all meetings held and will be sent to all parties. The Bank and all other agencies
will be informed by email immediately following the meetings. By March 9, 2007 compliance with the
Bank Acquisition Policy will be met.
11. Grievance mechanisms
The CDO will provide assistance with dealing with conflict resolution and grievance. The CDO will
communicate all disputes and grievances to the PCU immediately when received.