We also asked the AG about the Court of Appeal ruling ordering it to pay Jalacte for using communal lands to build a major Highway.
The Government of Belize has been ordered by both the High Court and the Court of Appeal to pay over $6 million to the village for unauthorized seizure and destruction of communal lands to build the highway. Government plans to appeal to the CCJ and the AG also commented on this:
Anthony Sylvestre, SC - Attorney General
"So so the concern of the government is this: and as I explained, you will see why this is very necessary for us to to at least have a "no" if if this is to be the case moving forward. That would be the state of the law. So there are aspects of and it's, it's its assessment of compensation for land use in using a metric which is not used when determining and when assessing compensation for other land, for private land. So the concern is that what you will have and what we fear is that you will have two regime for compensation of land in the country: one for private land which is non communal and one which is for communal, and that creates, can, has a potential to create some issues, particularly where in that, in the Toledo district you have some third party interests, private land which may potentially be subsumed or be considered communal land. So it has some serious, serious, serious, implications, financial implications. And so, the government sees it, sees it fit, and there's wisdom in approaching the highest court, the apex court, and say, look, this is a position: two regimes with respect to compensation for land now eems to be the state of law in the country. Tell us, is this the case or is, is is it not the case? That certainly would be extremely helpful and beneficial to all of them."
Reporter
"The challenge would be in relation to the quantum. Correct, because it meant that it was unlawfully acquired."
Anthony Sylvestre, SC - Attorney General
"Well, there is still and there was an issue, we did raise the issue that, yes, obviously it was being utilized. But the issue that as raised,the courts ruled against us in respect to that was whether the, that, that that area would in fact, actually form part of communal land, particularly since there has not been any formal establishment of boundaries. So so those are things as well that, that, that we would ask the court to, to look at."
