May 22, 2018
Att: Minister Gitterson Dept. Ministry VROMI
Subject: Rejection and objection of Response letter submitted to Ombusman April 23, 2018
Blessings Mr Gitterson, Dept VROMI and respected bodies
Your letter of response dated April 23rd 2018, regarding the termination of the rental agreement and denial for the long lease request has been received, not quite in good order as it is still unclear as to what grounds your decision was made upon.
You stated in your letter dated April 23, 2018 that the Richardson’s Family have a claim ‘’ of prescriptive Rights ‘’ on the property issued to me in 2014 by local government for the use of agricultural purposes. ‘’This claim’’ is fraudulent and incorrect and was already legally Addressed by the former minister of VROMI Mr Lake to Duncan and Brandon Law Firm and Police commissioner Mr. C. John in Nov 2014.
First understand what ‘’ ‘’prescriptive rights’’ is – An easement by prescription is one that is gained under principles of a legal concept known as “adverse possession”, under which someone other than the original property owner gains use or ownership rights to certain property..
Now understand what “adverse possession’’ is – the occupation of land to which another person has title with the intention of possessing it as one’s own.
Also understand what ‘’prescriptive easement’’ is – an easement that is earned by regular use — it is not something that is purchased, negotiated, or granted. A prescriptive easement is simply a right to use property, the user does not gain title to the land (unlike adverse possession, discussed above).
A prescriptive easement is an easement that is earned by regular use — it is not something that is purchased, negotiated, or granted. A prescriptive easement is simply a right to use property, the user does not gain title to the land (unlike adverse possession, discussed above).
I am sure you are using a term that you are not fully familiar with and I thought I should share a bit of light on the matter. In thus case I am rightfully in first preference to such an ‘’ “adverse possession’’ from government or in such a case where’’ I’’ have a legal lease agreement to.
There is no legal documentation to back up any of these claims by the Richardson Family, in the past I have requested this on many occasions by the family to present this and I would have just walked away from the situation. No documents were ever produced and if they are produced now then it would again be illegal and can be proven by forensics in time and by law.
The said property was not occupied by the Richardson family as it was found abandon and still in the hand of local government.’’ If everyone would just have the right to land because they father grazed cows 30 years ago, then they would be able to claim the whole island, as cows were free to gazed and some families just had area to utilize for cow grazing but it was not legally issued to them’’. This was also a statement mentioned to me by a local old timer in our community.
The Richardson family had a chance in 2014 to obtain all the land they claimed to have rights to in the St peters hill area. They refused, they also refuse to pay the estimated +1,800,000 fls owed to government for land taxes and permits of usage for over the 40 years they claimed for and never used publicly or had any structures on.
I have thus far tried in every way possible to make usage of the land legally and publicly, along with schools, foundations and community members with programs supported by Ministries such a Health and Education, organizations such as St Maarten Tourist Bureau, VSA, BAK UNESCO, UNDP, Prins Berhard Cultuur and St Maarten Youth Council. And have abided to paying my taxes on the land which thus far amount to over an estimated 5000 fls and invested over +$150,000 for the occupation of the said property toward building agri-cultural awareness. This I have done all on my own, not for myself but for the citizens of the country, my children and generations to come.
The Richardson family also has a history with the court in the Case of ‘’Richardson Family vs Rodrik Fleming’’ where they vandalized the said property they ‘’claimed’’ to have rights to that Mr Fleming was occupying legally from government. The court ruled\ordered the Richardson family to not bother Mr Fleming and to pay for damages and also for each day that they refused to pay. To the day and date, they never give Mr Fleming $1. Is this justice?
I understand Anyone can claim something but is it in their legal right to do so, is another question you failed to investigate. Ms T. Richardson’s attempt was not a claim of ‘’prescriptive rights’’, it was an illegal claim sent via the law firm of Duncan and Brandon and the local Duerwaarde that included a fraudulent certificate of admeasurement number and there for was legally addressed as an illegal matter . Documents were also received from the ministry of VROMI and Kadaster to back up this case.
I also mentioned to you in the past and during our meeting in Feb 2018 and also via email on March 20, 2018 in response to the ombudsman ‘’ Case file no. 201700311 Mr. Denicio Wyatte’’ that if you may need any further info to help you come to a better understand of the situation, please feel free to contact me, you failed to respond to this and the Ombudsman’s (NOC) thus resulting in your outcome without giving the case the proper attention it needed while having the adequate staff and resources at hand.
The Richardson family ‘’claims’’ to own the whole hill, is this legal?
In your letter you also mentioned ‘’you were advised that you are in your sole right to apply for the land in long lease. However, you do not state by whom you were advised this. This information is also incorrect.’’ who gave me the sole right to occupy the said property.
Please first understand what sole right is’’ Sole right – belonging or pertaining to one individual or group to the exclusion of all others; exclusive: the sole right to the estate. 4. functioning automatically or with independent power: the sole authority.
This right was granted to me by the former Minister of VROMI IN 2014 through a legal process of obtaining a lease agreement (L2014/003). There for was giving to the opportunity to start building agricultural awareness in my community. This opportunity was highly encouraged by the former minister of VROMI Mr Lake as he saw the great benefits of what agri-culture could bring to our beautiful island and encourage us as young St Maarteners that we have to get involved in the positive development of our country. Agriculture he supported with high hopes…
What have the Richardson Family contributed to the Community of St Peters or country having access to such vast amount of land? Most of it they will never use and even too much for their children to use.
I also up hold the right by The Emancipation Proclamation ( 1 july, 1863) and St Maarten Constitution established on 10-10-10 (Article 6,10, 11, 14, 15, 16, § 3. Solidarity) to move forward in the best interest of my country and family. Which you were put in place to ensure.
On may occasions I have attempted to go by law and by means of Governmental advice on how best to move forward with this matter. On most occasions, I have been misled by civil servants, parliamentarians and ministers that refuse to do the right thing on behalf of the constitution they serve. This is in most cases always gets documented for future reference in cases such as these. The information has always been at your disposal for review. But again, you refused to give it some proper attention.
My original request for long lease has been since the 2014 and not as you mentioned in my letter submitted March 28th, 2017, this letter was requesting and exemption advised by inspector Martenboro as he tried to assist with the process of the electrical connection to the farm as we already have water and a registered address. Martenboro also refuses later on to provide proper advice towards moving forward, for what reason, still unknown as he visited the farm for health info on 2 occasions. The Letter dated ‘’March 8, 2018’’ was only a request to follow procedure for lease extension and also to request for long lease that was not answered via several submissions during the course of 2014-2018. This is all I came to government to obtain and I was bombarded with a ton load of personal agendas and political injustice which should not be. The response to this letter I received I believed on May 31, 2018 had no date issued to it and was disqualified and objected by the submitted letter on June 5, 2018.
I also received from VROMI the registration of address and the approval to obtain ‘’Utilities’’ to the said property in 2016, two years after my agreement started. Thus, this gave the Richardson Family ample time to resolve any issues that were pending. This could not have ever been possible if the Richardson family had any ‘’KIND OF RIGHTS’’ because I didn’t have to go to them in the case of.
I am sorry that you and your staff did not handle your pending job task properly as you have the resources and means to.
My final Conclusion:
Sometime a smile is not what is seems, some will eat your food and don’t care about the effort you took to grow it.
The Former minister of education Ms Jacobs, Former Prime Minister William Marlin all give me their confidence to assist me in this matter, in the end everyone turned their backs on me, for what reason, unknown. But these promises to resolve the situation by officials can still all be proven.
‘’For words are just a whisper to the ear but really have no meaning to the heart’’. This is a sad case as we as citizen of this country put our trust and faith in you as leaders to guide us into a brighter future.
Thus far you have all proven to have failed us, despite having the adequate resources , staff available to serve the country and your governed agenda much less in small cases as this case.
Its seems that priority is given to only personal, family affiliated and politically contributed agendas, but we don’t stand behind those standards as tax paying citizen of this country and there for reject and object to your letter to the ombudsman on April 23, 2018. The objection and rejection is also based once again on the conclusion of the Ombudsman ‘’ Considering the aforementioned (NOT-Dated May 18, 2018 ) the Ombudsman concludes that the Ministry of VROMI failed to observe the standards of ‘Active and adequate’ information provision ‘ in this case.
Please also note Minister Gitterson that I also object and reject to any other further or future responses from your ministry (VROMI) because of its incompetence, lack of integrity and lack of transparency. All documentation pertaining to this case will be referred to the Kingdom government for review, a copy will also be sent to the tweede kamer for advice on the matter.
I will only accept your response in a case that you will do the right thing and issue the long lease the too said property, that I am legally occupying so that the future of the community and my family can be ensured.
I will continue to carry on my ventures with developing agriculture for St Maarten for it’s the right thing to do as it is something the country need towards ‘’ STARTING THE DEVELOPMENT OF RESILIENT BUILDING REGULATION’’ Its your headline. You asked for the publics input and this is my input at no additional consultation cost to government, as this can also add great value to reducing your current ‘’ DUMP SITUATION’’, it’s not like I have not mentioned this to you before and provided you verbally with the researched data. I just would like to obtain the right that I am entitled to as a born and raised St Maartener.
You refused to attend the presentation meeting on agriculture the 5th of May 2018, organized the by the Minister of Education Ms Wuite. I was very disappointed not to see you after we had such a positive conversation a few months back, but now understand why these issues seem to be of no importance to you.
Current parliamentarian \ Former Minister of VROMI Mr Emanuel displayed the same unethical conduct towards the situation and even more so agriculture. Imagine a Former Minister who refuses to feed the countries children FOOD or even use the land to teach them how to feed themselves, rather ‘’ MP Emmanuel: legalize marijuana’’ and promote that to our children as a tourism product. The last I observed Marijuana was a plant and part of Agri-Culture. But more so which land he plans to use to Support his ‘’Legalize marijuana and call a referendum about independence’’? Independence is not on the majority of St Maarten people minds much less the fact that we can’t even feed ourselves. Is this a personal referendum?
It seems once again publicly our leaders seem to show no sense of direction, leadership skills or vision, something that has been around since the great days of Mr Emilio Wison, who’s estate has also been stripped of its cultural heritage, something government always seem to fail of safeguarding.
I am sorry I can’t allow that to happen again to this upcoming generation. So again, with all due respect to you Minister Gitterson, don’t allow your time and place to be taken for granted, you are in a place and position to make other young men like me look up to you as one of the proud men that made this country what it will be in years to come. Thus far you have failed in doing so, and I as a man cannot lead in your example. Until then you still have yet to prove yourself, not to me anymore, but to yourself and the universe. Life is a balance of positive and negative energy, things we do now positively, will positively affect us in the future and vice versa. The ultimate judgment of Karma awaits every man along life paths. What makes us and our outcome differ, is the paths we choose.
So please I ask to not further be harassed as all I ever wanted was just electricity, now you can keep it, I won’t need it I have been surviving with no Financial, Legal, Health Care or Job Assistance from government as even that I was denied to as a local citizen in my times of need. I don’t believe a bit of electricity will hurt any longer. So, until you or your ministry decides to do the right thing and provide a citizen his proper rights, let this document stand as a rejection and objection to any future responses that may be issued by your ministry, unless it pertains to the issuance of Long Lease. Until then I will await the unfortunate frequent changing of government until a competent minister is set in place that will properly serve his country to re-apply.
Honorable is a privilege obtained by those that fight for the freedom of their country, men and women, their family, safeguard their culture and heritage and provide sustainable possibilities for his or her country and fellow man. You and many others have yet to still earn that badge!
Much Blessings, health and strength,
Hon. Mr Denicio Wyatte
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