The legal dispute between country St. Maarten and Sun Resorts Ltd. N.V. regarding the latter’s claim on parts of Mullet Bay Beach (see related story) is notable. The company wants the court to declare it the rightful owner of land reaching the coastline, arguing that government acted unlawfully by issuing permits, granting usage rights and allowing third parties to operate businesses on the beach. It is also seeking orders to halt these activities and requesting penalties if authorities fail to comply.
The Ministry of Pubic Housing, Spatial Planning, Environment and Infrastructure VROMI maintains that all local beaches form part of the public domain. They are presumed to belong to the country unless proven otherwise with clear legal title.
It will be interesting to see what happens. In the past public beaches have been defined by some as a strip of sand up to the sea flood-line, which can vary widely based on the time of year and/or weather conditions.
Whether the current establishments at Mullet Bay fall into that zone is doubtful at best. During the proceedings, officials noted that deeds and cadastral records cited by Sun Resorts refer only to land bordering the sea and do not extend to the shoreline.
VROMI Minister Patrice Gumbs warned against setting a legal precedent that could jeopardise public access to one of the island’s most popular beaches. He stated that allowing such a claim could open the door for others to assert ownership over coastal areas.
What makes this all even more intriguing is that the property in question was included in the assets of Ennia. Curaçao, St. Maarten as well as the Central Bank of Curaçao and St. Maarten (CBCS) were all forced to pledge millions during many yeas to safeguard the troubled insurance firm’s pension policyholders on the two islands.
A victory for government could negatively affect the property’s value should it be sold to help alleviate this financial burden on both countries and their joint Central Bank. For beach-goers, however, that might well be a collective price worth paying.
