Premier: Commission Of Inquiry Into Land Losses
A five member Commission of Inquiry will be established to fulfil the mandate of the “House as expressed in the Motion passed in 2014,” Premier David Burt said, referring to the Motion passed to establish a Commission of Inquiry to look into ”historic losses in Bermuda of citizens’ property.”
Speaking in the House of Assembly today [June 7], the Premier said, “Honourable Members will recall that on 4th July 2014 this Honourable House approved a Motion in these terms:
“That this Honourable House take note of historic losses in Bermuda of citizens’ property through theft of property, dispossession of property and adverse possession claims; And be it resolved that this Honourable House calls on His Excellency the Governor to establish a Commission of Inquiry into all such known claims and to determine, where possible, the viability of any such claims and make recommendations for any victims of wrongful action to receive compensation and justice.”
“The then Governor refused to establish the Commission of Inquiry and moreover indicated that Her Majesty’s Government in the United Kingdom was not disposed to funding such an exercise in any event,” Premier Burt continued.
“The community then marched on Government House and some 2,000 people assembled to protest the then Governor’s decision demonstrating a consistently expressed public depth of feeling on these historic issues.
The march on Government House back in 2014:
“In 2015, this Honourable House approved the Opposition Bill entitled the Commissions of Inquiry Amendment Act, which gave the Premier the authority to issue commissions of inquiry.
“Honourable Members will also recall the first and so far only use of that authority by the former Premier, the Honourable Member for Constituency 10. It is not forgotten that this authority was not used to appoint a Commission which was passed by resolution of this Honourable House.”
“It is never too late for justice,” the Premier said, “Therefore, I am pleased to advise this Honourable House and the public that I shall establish a five member Commission of Inquiry to fulfil the mandate of this Honourable House as expressed in the Motion passed in 2014.
“The Commission will likely be comprised of a judge, counsel experienced in conveyancing, a land title officer [ex officio], two lay members and a Secretary to the Commission to provide administrative support.
“Whilst the Terms of Reference continue to be the subject of further consideration, I can advise Honourable Members that, at a minimum they will include inviting the Commission:
- [i] To inquire into historic losses of citizens’ property in Bermuda through theft of property, dispossession of property, adverse possession claims, and/or such other unlawful or irregular means by which land was lost in Bermuda;
- [ii] To collect and collate any and all evidence and information available relating to the nature and extent of such historic losses of citizens’ property;
- [iii] To prepare a list of all land to which such historic losses relate;
- [iv] To identify any persons, whether individuals or bodies corporate, responsible for such historic losses of citizens’ property;
- [v] To refer, as appropriate, matters to the Director of Public Prosecutions for such further action as may be determined necessary by that Office;
“The process of identifying those who will sit on the Commission has now commenced and I will ensure that we assemble the best group to address these issues,” Premier Burt added.
The Premier’s full statement follows below:
Mr. Speaker, Honourable Members will recall that on 4th July 2014 this Honourable House approved a Motion in these terms:
“That this Honourable House take note of historic losses in Bermuda of citizens’ property through theft of property, dispossession of property and adverse possession claims; And be it resolved that this Honourable House calls on His Excellency the Governor to establish a Commission of Inquiry into all such known claims and to determine, where possible, the viability of any such claims and make recommendations for any victims of wrongful action to receive compensation and justice.”
Mr. Speaker, the then Governor refused to establish the Commission of Inquiry and moreover indicated that Her Majesty’s Government in the United Kingdom was not disposed to funding such an exercise in any event.
Mr. Speaker, the community then marched on Government House and some 2,000 people assembled to protest the then Governor’s decision demonstrating a consistently expressed public depth of feeling on these historic issues. Earlier this year, the Civil Justice Advocacy Group renewed its call for such a commission to be established.
Mr. Speaker, in 2015, this Honourable House approved the Opposition Bill entitled the Commissions of Inquiry Amendment Act, which gave the Premier the authority to issue commissions of inquiry. Honourable Members will also recall the first and so far only use of that authority by the former Premier, the Honourable Member for Constituency 10. It is not forgotten that this authority was not used to appoint a Commission which was passed by resolution of this Honourable House.
Mr. Speaker, truth can be uncomfortable. Unearthing historic wrongs may be inconvenient for some. It may well be that some of those who were victims and those who committed wrongdoing have since passed on.
But Mr. Speaker, it is never too late for justice. That justice can take many forms. For some it may simply be the opportunity to be heard and have their claims acknowledged, while for others it may confirm the legal standing they have long asserted. The process of providing justice starts with a step towards truth.
Therefore, Mr. Speaker, I am pleased to advise this Honourable House and the public that I shall establish a five [5] member Commission of Inquiry to fulfil the mandate of this Honourable House as expressed in the Motion passed in 2014.
The Commission will likely be comprised of a judge, counsel experienced in conveyancing, a land title officer [ex officio], two lay members and a Secretary to the Commission to provide administrative support.
Mr. Speaker, whilst the Terms of Reference continue to be the subject of further consideration, I can advise Honourable Members that, at a minimum they will include inviting the Commission:
- [i] To inquire into historic losses of citizens’ property in Bermuda through theft of property, dispossession of property, adverse possession claims, and/or such other unlawful or irregular means by which land was lost in Bermuda;
- [ii] To collect and collate any and all evidence and information available relating to the nature and extent of such historic losses of citizens’ property;
- [iii] To prepare a list of all land to which such historic losses relate;
- [iv] To identify any persons, whether individuals or bodies corporate, responsible for such historic losses of citizens’ property;
- [v] To refer, as appropriate, matters to the Director of Public Prosecutions for such further action as may be determined necessary by that Office;
In closing, Mr. Speaker, it would be remiss of me not to recognise the significant efforts of the Honourable Member from Constituency 17, the Hon. Walton Brown, who championed this cause whilst in Opposition and has quietly kept attention to it since we assumed the mantle of Government.
Mr. Speaker, the process of identifying those who will sit on the Commission has now commenced and I will ensure that we assemble the best group to address these issues. Additionally, the administrative planning will now start and my hope is to revert to this Honourable House during this Session with further updates on our progress.
Thank you, Mr. Speaker.
While I will not comment on the importance to some in our community to have this done. One simply has to ask.
Why this now?
There are so many other pressing issues for the GVT and country.
I am sorry but I have to call it as it looks. No answers to the pressing issues so let’s hit an emotional chord and shift the conversation.
Sorry GVT. Focus on the problems of the country first.
Blessings abound.
5 extra paychecks for yet another consultant group.
Perhaps this is a diversionary tactic as the Gvt senses it is going to lose two legal battles so its positioning itself to absorb two losses on issues that were used to whip up the political base in the past:
1) Belonger status; and
2) SSM
What better tactic then to reignite another hot button issue as they are unable to deliver on the others..
Well, it’s certainly tactical politics because it serves no practical purpose.
Check the green shirts, when they were in opposition this was just a small part of their platform which was “at any cost”. They now have to try to fulfill something because in real tangible terms they are failing everyone. There are other COIs out there that need follow up but not gonna happen.
I know this is embarrassing for some but you all need to get over it and let the deeds of past atrosities be compensated.
Reparations! To who from whom numb nuts ?
Compensated? Very unlikely and if there is it will be based on the value at the time of the purported loss, not today’s value. Premier Burt is not a lawyer and has not paid attention to one basic tenet. Never ask a question unless you know the answer. This Inquiry is likely to go the same way as the pepper spray inquiry – the evidence they were looking for didn’t exist. A lot of people expecting a pay out will be disappointed.
Just another way of funneling OUR money to THEIR buddies in the name of an election promise…
atrocities “an extremely wicked or cruel act, typically one involving physical violence or injury”. HARDLY!!
This is not investigating ‘atrosities’ (sic).
It’s just more stupid bulls3t from a lamea$ government that cannot do one thing right.
with what money OJ??
OJ. You say some backward looking stuff but you say it and remind us of the work that needs to be done here to bring BERMUDA into modern times and more enlightened thinking.
God bless all of us and BERMUDA.
Same place where SpongeBob got de $77 Million foe a sailboat race for Billionaires after he told Seniors money dont grow on trees.
LMAO
That’s right! BOb Richards told my granny to her face to that the Government was broke but 2 weeks later Dunkley and Gibbons are on front street with a bunch of peoples and a shiny silver trophy! Unbelievable!
Maybe they “found” the “missing” $900M in a desk drawer.
Wow, the PLP make me sick. Such hypocrisy.
Yessss onion juice… until u realize a lot of white families lost land… then your tone will change lol
OJ, can you really resurrect people that have been dead for nearly 2 centuries so they can receive their just compensation?
Exactly what they are doing!!
Ticking all of his campaign promises off, no regard for the real issues we are facing …. our economy is a mess , education is a mess , infrastructure is a mess, tourism will soon be a mess (zane will see to it ) but yet we have to get re elected and we will be sure to keep all of our blind mice followers happy by ticking the boxes of their election promises or at least the ones they can , no chance on righting the economy or creating more jobs. That would take some real thinking
Not saying this is something that shouldn’t happen but right time right place
priorities are severely misplaced
Not all is a mess! Public Transportation is awesome. Garbage collection moving from 2 days to 1 days a week is a huge improvement. Our prison officers are happy. Crypto currency business is taking off as promised. I could go on forever. We need to be thankful.
You really believe so?… If so please invest heavily in the cryptocurrency!
Think you missed the sarcastic undertone!!
We don’t need sarcasm! STFU
Red herring to slather emotion and cover up that they are generally a failure in terms of governance.
That should kill off the high end real estate market. Who in their right mind would consider buying a property only to find title is being challenged? Why bother as the last Commission of Inquiry found many situations worthy of police investigation, and even lawsuits, only to have them quietly dropped.
How are the Fintech jobs coming along? Where is the Arbitrade money? How is the tax base being expanded to pay for the ever increasing Civil Service? Just more election mode pandering.
Well, he did say he was going to do this, but I question what will happen.
Let’s say the COI output doesn’t fit the narrative that’s been brainwashed into the base, what then? It gets shelved? Does it see the light of day?
If it does fit the COI, then what? Reparations, marches?
As the other comments, the timing is laughable and predictable. Burt and the rest of Government are failing, the economy is circling the drains, the population is shrinking rapidly, they lead a discriminatory and bigoted Parliamentary group and unfortunately, they sold the electorate lie after lie.
Is there a better tool that raw emotion to give the impression you’re doing something when everything else is going South.
Wait….didn’t Burt say there was NOT going to be a COI on this issue because we couldn’t afford it not too long ago?
Why the change of mind?
Could it be because the PLP aren’t looking too sharp right now? Their AG is under fire, Arbitrade seems to be a bust and there has been a March on Parliament today by prison workers!
This is the kind of thing rolled out to distract the people and get them fired up about perceived past injustices.
Hand picked 5 member committee no doubt.
Such an inquiry will hopefully heal some of the wounds of some Bermudians.
I do hope the Commission will look at ALL land expropriation and not just selected areas.
This less than a week after the PLP threatened a compulsory purchase of land.
Yeah, but that’s ok cause they are going after ‘certain people’!
Anyone with half a brain can recognize that this is nothing more than an exercise to keep ‘certain segment people’ (Betty lingo) angry as nothing can come out of this UNLESS it is aimed at properties misappropriated over the last 7 or 8 decades by unscrupulous lawyers (one was sent to Casemates back in the 80s for such a thing) or crooked family members.
But that’s not what this is going to be about.
Going back in time there were many land takeovers , many due to military requirements , but no-one is even thinking of them.
Boaz and Watford island and huge swathes of Prospect for the British. St David’s Island and huge swathes of Southampton West including Morgan’s and Tucker’s Island for the US also spring to mind where many hundreds were displaced due to compulsory purchase orders .
But no , this is all about Tucker’s Town , another place like all the others that through an act of legislation was bought out but in this instance in the name of jump starting Bermuda’s modern tourism industry.
Sure there were people unhappy that they had to leave their homes and rural farmlands , I know I would have been too , but they were all paid for their lands and homes. Nothing was stolen .
So , by design and as a complete distraction to Bermuda’s self inflicted plunge into oblivion , people are going to be further angered that nothing will come of this . But I fully support going after cases where people did have their properties outright stolen from them and received nothing whatsoever thanks to crooked justice.
Boo hoo hoo, GET OVER IT
Well, I suspect most people are .., but let’s play along. So the COI supports your revisionist view of history . What then?
Bermuda will still be dying, still circling the economic abyss. What then?
This is political posturing and you fall for it every time.
What do I have to get over ? I own no property or had any stolen from me . Just like you never had anything stolen from you either .
Right back atcha
U still talking? U know this just means that 5 more insiders will get a fat pay off and then nothing will come of it. Except more money out of your pocket. Oh whats the point?! U will never get it lmfao. Smh.
You are full of BS!!! Land taxes were raised by the ruling party of 40 Thieves to a point where my great grandfather who owned much of Collectors Hill was FORCED to sell his acres to save less than 1 acre of land as he could not afford the land tax that they raised on purpose to put him and others out!!!!
Read a book before you comment dummy!! The 40 Thieves were called that for a reason!!!
This is exactly the kind of story that will be played out over and over again.
PLP just raised my land tax by 20%.
Are they the new ’25 thieves?’
Good to see others remember all the military and tourism based land grabs that never get used as political footballs.
Aye , my family lost much property to the base developments and there’s never been any sobbing and wringing of hands. It was what it was . Unquestionably more people were affected by the military land acquisitions over 150+ years than the number involved in Tucker’s Town and they were just as legal as the TT CPO. People , mostly poor , did ‘loose’ their properties but in neither case was it stolen as they were compensated for it.
Now, if there was a military installation built and still in existence in TT instead of luxury properties owned by you know whos no-one would be taking this on .
Still , TT can not be classified as a land grab , it was all above board. This is all about feeding off of people’s emotions and nothing else. And it will continue as a distraction all the way up to the next election compliments of a government that has and will achieve nothing other than making all of us poor.
While you’re at it,Mr Burt, perhaps you could look into how Jim Butterfield lost his cement company in Dockyard or would that be striking a little too close to home. Jim has done more for ALL Bermudians than both political parties combined and all under the radar, seeking no praise for his good deeds. Scandalous would be an appropriate word to describe his treatment.
So are you saying that Jim fought against a Racist System that denied Black Bermudians from progressing in this Beautiful Island, yes Mr. Butterfield probably did a lot for Bermudians but working a system that generational benefits you with cooperate and social backing along with personal entrepeneur brilliance, is nothing compared to those who fought against the powers that be with ALL odds against them to change a system which was structured to benefit a few, to make it compatable to benefit ALL, regardless of generational economic saftey nets.
But highlighting one assumingly biased judgement against 4 centuries of systematic oppression on a people is a JOKE.
Thats was like the big outcry about OJ Simpson’s verdict, but centuries off unjust verdicts that were handed down, ( even now with Racist Cops in U.S. STILL killing unarmed Black Men).
But as long as it dont happen to you its ok.
PATHETIC!!!!!!!!!!!!!!!!!!!!!!!!
You should read what this Commission is about. There is no race in its mandate. Plenty of white people have also been victims so you may not like its conclusions.
Boo hoo hoo, GET OVER IT
Ah, so it’s about getting even over perceived wrongs – got it – so given bitcoin Dave’s assumption of the outcome – what then?
Will you finally stfu or will you not be happy until Bermuda is a third world country? If there are govt inspired land grabs, interference in commercial matters (belco), continued attacks on human rights? What then? What next when there’s nothing else to bitch and complain about? What are you left with?
Idiot
“To inquire into historic losses of citizens’ property in Bermuda through theft of property, dispossession of property, adverse possession claims, and/or such other unlawful or irregular means by which land was lost in Bermuda…”
Adverse possession is a perfectly legal process for transferring ownership of abandoned property. So many people in Bermuda have title in land that is established through adverse possession at some point in the past.
Over the years I have listened to many Bermudians who claim that they lost land through nefarious means. Each time I have advised that they accumulate evidence and pursue through the courts. I realize that court proceedings can be expensive, but armed with solid written evidence, the chances of success are extremely good. In all cases, the written evidence has not been forthcoming and instead the reliance on a burden of proof has been by word of mouth. I suspect that the commission of enquiry will come up against the same evidence and I respectfully suggest that the exercise will be a huge waste of time and money. I wish everyone involved the best of luck.
This is a very important issue. It will be interesting to see who gets behind it. It’s over for this administration. The talk on the street is a vote of no confidence.
Not with their base of die hard koolaid drinkers.
How about no competence?
This Government is not going away any time soon, so don’t fool yourself. Their basic problem is unhappy backbenchers who feel they are not getting enough of the gravy. In other words, they were too successful at the polls. At the moment and probably for the next decade, there is no real opposition in sight – and it will probably come from within.
Title deeds were prepared by hand by educated people.
There were many land subdivision and deeds gift amongst family at weddings.
Children acquired land from their deceased parents.
Word of mouth, was a common way of doing business even to this day.
Burning of the mortgage was for some a traditional way of celebrating repayment.
Even today there are those who are living in properties who do not know where the title deeds are.
Is position 9/10 th of the law ? No body mentioned the squatters down at Southampton ?
Many estates of the deceases have yet to be settled and never will be people did not live that long back then, yellow fever.
Not many could read or write ,how did they or even if they could prepare a will, not much has changed even to day.
Today as any lawyer would tell you land title documents reflects years of title.
Court decisions transferred title in dispute.
Divorced parties affected land title exchanges.
Many people died with out leaving a will
People have been fighting over land since the beginning of time.
But my family’s land was stolen by a land grab where the 40 Thieves raised land tax to force a mass sale of land to keep a small parcel! Legal perhaps? But stealing just the same!!
Know well before you come.
In what I know you will learn and be taught..
Come correct or get corrected.
And remember who toe you.
Another Commissioned Inquiry. I need to get me a job commissioning Inquiries. Hopefully air miles pay for this
I applaud this decision – let’s not forget that there are names to be vindicated if no wrongs were done, that land was fairly paid for at the prices of the day for what it was. There can be little doubt that in aggregate the Mid Ocean Club, the Castle Harbour Hotel and it’s successors, the Civil Airport have lifted the entire country from Colonial Military not quite impoverished outpost to nearly first world standards (not quite because of our rotten medical system and hospital. I trust the five eminent folks on the board will take on the task with a fairness and common sense.
While I am writing this, there is another side here that too warrants investigation. That is politicians and politically connected persons who have sold properties to Government at absurdly inflated prices. While this may a more recent situation, it nonetheless is now long enough ago that it falls into the category of historic injustices.
Decoy tactics.
More racism from the racist ‘labour’ party….LOL…only in bermie.
I live in Tuckers Town, you can have my land for market value.
Worryingly, it seems that Burt has already determined the outcome based on his language.
The PLP wastes money on something like this when our most in need can’t find a bed in hospice so they can have the ultimate dignity.
Shame on you lot.
Our poor dying Bermudians brother and sisters don’t have the comfort of hospice support because this GVT would rather spend 3 million dollars to fight SSM.
How many of our seniors and sick could benefit from 3 million.
Mr Burt you may be young but you will be old some day and I hope those that come after you have more compassion and empathy for their elders.
You should grow up
Tsk tsk young man.
First name on the committee list will be Rolfe Commissiong
A few folks hope the same – that way the report will have no credibility whatsoever.
If we go as far back in recorded Bermuda’s history as need be, prior to the development or tourism and two world wars, Bermuda sustainable economy was most likely based on a few basic economies like farming the land ,raising animals and fishing for food .
Bermuda also had a maritime history, so I will include the onion trade which did not last long and privateering for the fine clothing business , back then most people made their own clothing from floral printed animal feed bags.
If people did not have a Privateer sailboat you could lure ships on to the rocks with lanterns in Southampton at night.
Hurricanes ,back then, produced their own rewards as there are many ship wrecked their remains are still dotted around the islands reefs.
To be successful at living off the land you had to acquire a protected plot of land for that purpose and need a large family to work the land , water for irrigation which was obtained from water catchments using gravity tanks for storage, you cooked your food over an open fire.
Sustainable practicality required.
A store in the town of St George or the city of Hamilton.
A Protected deep water front property with storage.
An arable lot of land with a fresh water supply.
The horse and cart and pedal cycle provided transportation, the horse and cart played a big part in marketing of merchandise and food, people were looking at one day to drive smokey the family horse from St George to Hamilton that does not seem practical does it ? Because all that , even then, cost money.
By the way you got you news from the Town Cryer.
1612 the founding of St Georges town.
1617 Richard Norwood divided Bermuda in to shares.
1809 The Imperial government purchased Ireland island.
1815 The seat of government was transferred to Hamilton
1817 Construction on the sessions house commenced.
1834 Slavery abolished.
1871 The causeway was predominantly built of wood.
1906 the first Newport Bermuda yacht race.
1922 /1923 Tuckers Town and Mid ocean club development.
1930 Onion trade curtailed.
1931 Castle Harbour hotel opened.
1931 Bermuda railway ran its first train.
1933 Maiden voyage of Queen of Bermuda from N .Y.
Lets get real here land has be traded for centuries and for various reasons and at various prices for the same plot of land ,who in their right mind would throw the baby out with the bath water.
People either know what they do or the don’t.
Realestate transaction go back to the beginning of time , there will be winners and losers even to this day as time and circumstance changes every thing with respect to its value.
So what is value ,when it come to real-estate , it is said that value is ” the price that a prudent man of business is prepared to pay for real-estate “which is by the way always subject to two separate prices , the selling and the buying price and any where in between, location, it is said , is most likely to be the reason why people invest in a certain area and that is dependent on many criteria and that being your nearest neighbor which could be a cement factory or a pig farm ok if you like pigs.
Alaska was purchased from Russia for pennies on the dollar per acre “there is oil in them their hills”.
It is the old story “one mans trash is another mans treasure” take the stock market for example rich and poor sleep in the same hotel last night.
With that said , you will never know the true circumstances of why people buy and sell things ,real-estate comes for many at the top of the list .
There is a big lesson to be learnt here, complacency ignorance and trust play a leading role when it comes to dealing with real-estate not only here in Bermuda but all over the world, buying or selling property is not the same as buying a bar of chocolate , vendors and buyers need to know what they are doing.
If you don’t know the hype you are doomed to failure
Some people buy cars ,it is better to buy real-estate and walk to work.
I have told many young people that they should know more about real-estate market than the persons who are selling , in other words know the market , know the economy of the country. only buy a field if you want to plant potatoes.
55 year ago I bought land in a western parish i was told i was crazy , now look at my location today the value has increased primarily because of availability.
To solve that problem Bermuda has to build higher, like they do in other countries.
People will generally purchase property close to cities and towns, why go out in the boonies to buy land because there a transportation problem looking at you then again you may have no choice.
” If you throw you money over the fence it will not be thrown back”.
Is water front property all that valuable, only if you like boats ,how about living next to flying golf balls or a noisy tenant .
Another prime reason that affects value, is, what the willing investor is prepares to lend by way of a mortgage on the property here is where the conservative lender is face with valuing the property. This is a two way street.
The element of doubt ! that is always the big question what is a property really worth ,let us separate the two dwelling and land, what is the land worth what does it cost to replace the building as todays construction costs and would I want to demolish the said building for some thing more viable.
Bermuda is relatively hilly which adds to the cost of construction , what would it cost to get to floor level ? ok if you like a terrace house.
Do you know how stupid it is when a person buys a car said to be better than his neighbors car.
Can you build a dwelling so big that no body can afford to buy it or family manage it.
Some will value property by making comparison to what they consider similar recent sales in the area , that works in row housing the U.S.A. and else where , but not in Bermuda.
I ask, how many property sales are sold where the land value has been conveniently left out of the equation, did that happen to you ?
It all boils down to one well know saying “cavet emptor” or “let the buyer beware.”
Perceived value from the point of view of :-
The buyer
The seller
The auctioneer final selling price
The Bank
The insurance company
The fire department
The divorce lawyer
The land valuation office of the Government .
“Round and round it goes where it stops know body knows” it is all a big gamble you could loose your shirt over night and wind up attending the auction of you own property, simply because you were not prudent.