GREAT BAY--Member of Parliament Darryl York says his second initiative law will focus on reforming St. Maarten’s succession land system, with approximately 60 people already registered for a public town hall where families will be able to obtain professional guidance on long-standing inheritance and land issues.
York said the town hall is expected to be held in September and will form part of the process of developing the legislation. In addition to providing residents with access to professionals who can address their individual succession land questions, the session will be used to gather public feedback before the proposed law is finalized.
The MP said he hopes to submit the initiative law by the end of September.
York has previously announced an initiative law concerning the establishment of a Road Fund, aimed not only at securing funding for road infrastructure but also improving transparency and accountability over how those funds are spent. He said succession land reform will be the next legislative initiative he brings forward.
According to York, the existing succession land framework is “severely outdated” and does not adequately reflect the physical and social realities of St. Maarten.
He said the law originated during the former Netherlands Antilles and was not specifically designed around St. Maarten’s circumstances. York pointed in particular to the island’s limited land area and hilly terrain, which can make a straightforward division of inherited property far more complicated than simply giving every heir an equal number of square meters.
York used the example of five siblings inheriting a 10,000-square-metre parcel. On paper, dividing the property equally could result in each person receiving 2,000 square metres. However, if some portions are flat while others fall within hillside areas, the development possibilities and practical value of each parcel may be very different because of St. Maarten’s hillside development requirements.
In such a situation, York argued, two heirs may receive parcels of exactly the same size but have significantly different possibilities for what can actually be built on them. “Was that fair? Of course not,” York said.
He said the proposed reform is intended to better account for those realities rather than continuing to apply a framework that was inherited from a different period and developed largely around circumstances elsewhere in the former Netherlands Antilles.
York also raised concerns about what he described as vagueness in the existing law and the potential for different interpretations when succession disputes reach court.
He said similar disputes can come before different judges at different times, with the law potentially being interpreted differently depending on the circumstances of each case. His objective, he explained, is to make the framework clearer and more suited to modern-day St. Maarten.
York said that if the legislation ultimately passes, St. Maarten would have a succession land law specifically tailored to the country rather than continuing to rely on an inherited legal framework.
The MP also connected the issue to challenges faced by the Cadastre. He said there are cases in which land matters have gone through the court process only for heirs to return years later questioning decisions or saying they were unaware of what had occurred. Such situations can then require additional work to resolve matters that may have been outstanding for years.
York said the upcoming town hall is therefore intended to serve two purposes: helping residents understand their existing succession land situations and allowing their experiences to help shape the proposed reform.
The approximately 60 people who have already registered will be able to seek professional advice on their individual questions. York said many families have been dealing with succession land problems for years without knowing where to begin.
“One thing I said during my campaign, is that the most powerful thing is knowledge,” York said. He added that people are often unable to make decisions because they do not have the information necessary to understand their options. He said some residents have remained stuck with inheritance land issues for years, only to eventually discover information that causes them to question why they had not been made aware of their options earlier.
While a final date for the town hall has not yet been set, York said it will most likely take place in September. Persons who have already expressed an interest will be contacted, while additional residents will also have an opportunity to register.
The registration process includes questions about the specific problems residents are facing. York said those responses will be used to tailor the town hall to the issues actually affecting the public.
The session will include an explanation of the law, a question-and-answer component and an opportunity for residents to provide feedback. York said he intends to incorporate as much of that feedback as possible so that the legislation ultimately submitted to Parliament reflects the experiences of the people it is intended to serve.
The goal, he said, is for the initiative law to be comprehensive and developed with public involvement before it reaches Parliament, with submission targeted for the end of September.
