Regarding the recent announcement by Premier of the Virgin Islands Dr. Hon. Natalio D. Wheatley on the Governments plans to acquire the Toad Hall Estate in Virgin Gorda, without having to pay any money for it. Former Education Minister and Attorney Myron Walwyn has weighed in on the situation urging Government to not go in that direction.
Walwyn who shared his thoughts on the matter via a Facebook post which said, “I urge the government to not go in this direction. Not because you may have a legal right to do something means that it is right morally and ethically. If the government adopts this position they will set a precedence on the bona vacantia principle which could have a negative impact on our financial services sector. I urge the government to enter into fair negotiations and ensure that there is compensation made for the property. Your legal right to take the property via bona vacantia should be a negotiation point used in your favour at most.”
Walwyn further added, “I took the time to do some more digging into this matter and it is far more legally complicated than we have been advised. There was also a press release dated 11 November 2019 with the headline stating that Toad Hall Estate was acquired by the Government. This information that was given is clearly not accurate based on the latest statements of the Premier on the matter.
The information in the public domain on this matter gives the impression that the government entered into negotiations with the occupier of the land and came to an agreement on price and after the passage of time it was discovered that the company that owned the property was struck from the register of companies and the requisite time for restoration had passed and so the property fell bona vacantia.
The matter is far more complex and there were clearly major missteps. It is one that Churchill would probably describe as a riddle wrapped in a mystery inside an enigma.”
Residents have since weighed in on the matter with some agreeing that the property should be acquired by Government and others disagreeing with the move.
See previous story below.
Premier Dr. The Honourable Natalio Wheatley has revealed that the Government of the Virgin Islands is well on the way to acquiring the Toad Hall Estate in Virgin Gorda, without having to pay any money for it after the business responsible for managing the property was struck out.
“We discovered when seeking to purchase Toad Hall that it was actually owned by a company that’s been struck off… Therefore, we actually had to go through a legal process of having the Toad Hall returned to the Government of the Virgin Islands without having to pay any money,” he said.
Toad Hall Estate is a luxury vacation villa built in the 1970s on a 5.5-acre property located within the Greater Baths National Park. The property was reported to have been damaged during the 2017 hurricane season.
The Government of the Virgin Islands had been trying to purchase the property over the span of several years, with things appearing to be nearly concluded in October 2019 when the Cabinet approved the purchase of the property for a reported $5.5 million.
Dr. Wheatley explained that this money will no longer need to be spent because the Virgin Islands, as the registering country of the property’s defunct management company, is legally due to be returned the company’s assets.
“When those companies are struck off, generally they return to the government for where the company was registered and, considering its an asset in the BVI, a legal process is ongoing right now and should be concluded shortly for that to be returned to the Virgin Islands”, he said.
With this new means of acquiring the property taking the place of the intended monetary purchase, the Premier was asked whether or not there would be any effort to compensate the family of the property owner who they had negotiated the purchase with, and whose death was believed to be a factor in the company being struck off.
The Premier offered this response:
“It seems to be a legal matter and I’d probably just caution myself from answering but certainly, perhaps that’s something that, privately, I can discuss with the Minister for Environment and with the ministry and the Attorney General’s Chambers”.
Plans for the property once legally under government ownership include transitioning it into the Territory’s newest national park. This process will include the construction of a headquarters for the National Parks Trust of the Virgin Islands (NPTVI), inclusive of a state-of-the-art visitor interpretation and environmental education centre, a gift shop and a rooftop restaurant.
The property will also be rented out as luxury accommodation and an events centre.
This project is expected to create 20 new jobs in the territory.