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City Council, Lands and Surveys dispute ownership of State lands in city
The Georgetown Mayor and City Council (M&CC) and Guyana Lands of Surveys Commission (GLSC) are at odds over State lands, located in the city.
Both entities allude to legislation which gives them the right to the management of the State lands.
GLSC Commissioner Trevor Benn
GLSC Commissioner Trevor Benn
The Council has laid their claim based on the Municipal and District Councils Act, Chapter 28:01 in which their opinion gives the municipality the right to issue leases and licences to individuals, who wish to occupy spaces within the city.
The Georgetown M&CC has for a number of years authorized leases and licences to persons. Their activities went on unhampered up until recently when the GLSC raised objections.
Since then the two entities have been at odds over the ownership and management of the properties.
GLSC has been obstinate that the State Lands Act gives the Commission the rights to ownership of lands in the city.
The issue was raised at a statutory meeting of the Georgetown Council held at City Hall yesterday.
During the discussion, Georgetown Mayor, Ubraj Narine, was particularly vocal on his intent to challenge the Lands and Surveys Commission over the right to lease State lands in the city.
Narine noted the need for urgent resolve on the matter.
“We need to have a joint meeting with the lands and surveys department but nobody is responding to us.”
The Mayor noted that the Council is relying on the Municipal and District Councils Act, Chapter 28:01 as it regards the management of State properties.
Several Councillors around the horse shoe table echoed support for the sentiments expressed by the Mayor.
Councillor Clayton Hinds was specific to note that according to the Municipal and District Council Act, management of undivided property in the city is the responsibility of the Council.
He noted that the Municipal and District Council Act Chapter 28:01 gives Council specific rights to lands in the city.
The section of the Act, which the Councillor referenced, states “All undivided land in every Council area, except private lands held in joint ownership or ownership in common shall be under the control of management of the Council.”
Councillor Heston Bostwick shared a slightly different view.
He noted that while the Council can allude to Chapter 28:01, the Lands and Surveys Commission has the State Lands Act which allows for the similar powers and control of lands within the city.
Bostwick stressed therefore, that issue calls for much clarity which he believes will best be provided by legislators.
The Council agreed with the proposal but noted the need for further discussion with the GLSC
When reached for comment on the matter, yesterday, Commissioner of GLSC, Trevor Benn, told Kaieteur News that the leasing and licensing of State lands by Council was brought to his attention a few years ago.
“We had this discussion since Royston King was Town Clerk and we made it clear that the Council cannot lease lands for which it does not have a transport or title.”
According to Benn, the State Land Act which is the Mother Act for all State Lands seeds that overall right to the GLSC.
Benn was unequivocal that the GLSC can give account for every drain, reserve, commercial/private property in the city, adding that, “that is because we have a plan which shows the lay out and demarcations of the city.”
He noted that since “The matter was brought to our attention; the Lands Commission has issued several warnings to the Council about leasing of State properties.”
“We have even met with them on occasion,” Benn said.
He noted, however, that persons keep coming in to the GLSC to query after they encounter problems with the defective leases issued by City Hall.
“What happens is that these persons usually obtain the lease and then approach the banks for loans. When the banks turn them down because the banks are aware of what is going on, and then they come running to us,” he explained.
The Commissioner said he could estimate the number of times complaints were made about the issuance of leases by Council to the GLSC.
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