Group Title: Olasee Davis articles
Title: Public trust is violated as the land-swap goes ahead
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 Material Information
Title: Public trust is violated as the land-swap goes ahead
Physical Description: Archival
Language: English
Creator: Davis, Olasee
Publication Date: October 3-4, 1999
 Record Information
Bibliographic ID: CA01300919
Volume ID: VID00239
Source Institution: University of the Virgin Islands
Holding Location: University of the Virgin Islands
Rights Management: All rights reserved by the source institution and holding location.

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Sutmasticisin 9

Al. trex 2bs

PaE 9

Public trust is violated as the land-swap goes ahead'

A few weeks ago. Sen. mert didn't do ts part n usttt conditions of the deed on the should set forlh the timo Iuta-
Lomine L Berty requested O .- the land for what ats intended Camp Arawak historic property. tion for rail.aton by the
legal answers to the swappn for by the gramor would have A It was stated that property was Legislature.
of Camp Arawak hlortc land Olasse dlle difcul ti-t standing up in granted to the goventm o 3. The exchange s sltent is
with Beat Aerospace I1court, coln to Beas the Virgin Islands to trult for to whether the panies mttail in
Teethnologies Inc. I D lawyers. hi same argument the people of the Virgin Islands unpotse testince covenants n
MS. Yvonne L tharpeol de by Beat lawyers came up to the Thus. any person in this com- the respective deeds to ensure
Deputy Chief Legal Counsel of public hearing on July 23 munlty who can prove our op.- that the Great Pond property
te 23rd taegslate reseathed o Acordlon to the legal couinet. ermoent broke the land rust will be used lor a rocket manu-
the naae l entaivyelty whether t the u langtuageof t hdeuld wit the people of the virtn lacture g fatlly and that the
the govemor so the senators f My T n If a court should and that the lands has standards to sue G ne Hill and Estate Whim
the Vlgn Islandal have the language created neither a (ee this g fernments poipertles will be used In pere
authoty to eiange public Sly intended to convey a fe simple detefminale nor a fee tenmlber. Beal wlld not be petualy an a beach. park and
mist land to a private eomp detennable to the Vigin ample sblect to a adltn to the lawsuill. but the people of ohe recreatioal purpose.
y. There were four quen to Islands gsmseo et with a a= setieoL tie eitt oitd the Vibri Islands 3 be sang Yet. ourto venotclais thai
p.mealnsd to the ole t otnsel slbny soomllng thfe land possibly Bed that the lane.uae the tov=nmnt be thuse e he to look, out ot the best
on theechange agreement because the government did not was suliesent to create at least land was to mst by the goe nt. est of the people of the
land iama between the VIrgIn cany ot the wishes the a covenam or a public ehartla- maem or the people o these visn Islands when we the peo-
loids government and Beal gnto, tended hr the land in ." pleethebtt.l t enrd o the
AeepaCe. use Before I go any fisher, a lee t has been long established stict with he Beal deal land
TheIN m question was The legal ousel stated IS simple determinable *s an by the United States Supreme exchange agreement. Our o-
Whetha r the conveyance l : her Andings. "Courss have held Ilterest in land created con- Court that Ihe public titt Is ernor is not a lawyer by pmfes-
Pltas 5 and 6 estate Great Pond that where It Is clear th e tiue until the happening of a violated when the primary pur- lon. But those around the
would constitute a breach of a performance of some act with certain event. Upon the hap. pose of the legislative grant Is govemor. particularly his egal
conditional m atalon in the respect to the property granted peotig ofthe event the Interest to iesefit a peItie toterest winds. shond point wit the
deed? Or a covenant or a irus? Ia pant of the consideration of automatuically terminates. On staled the document from the defieesns m othe aeeenl
According to the language in the granL the provistiont in the other hand. a fee simple legal counsel. Also. the present with Beal Aerospace befee they
the deed. It perfectly stated the nature of a conditional tllm subject to a condition subse. exchange agreement sent down send down the Bill to the
suneaqicl clearly the intent tattoo. the violation of which quent Is an Interest in land that bythe governor has evea l egtslature.
ef thle peopely o be wsed heo torfeits the rant.' may be termisated by the con- del=ences beoe the exlOhanige tile Atloety General of itt
park. beach or other creation. However. the courts tend to etyor. or the conveyors suxces- agreement can be ratified by VIrgin Islands has
at plrptoes In perpetutty. stay away tsom fee-deter- so mn interest, upon the hap the Legislattre. stated that the property con-
I" the land-wap deal with minable estates. And where penmg of a certain event. In I The agreement Is not sull- veyed to the government of the
Beal enis up n court due to possible. the courts tend to the legal counsel endings. she clently delntle with respect to Virgin Islands could not be
the approval of BIl No 23-0098 stick with the conditions in the mentioned many court cases the actual number of acres and used for any purpose other
o exchange the peoples am s deed. such as a restrictive pertaining to fee use of deed parcels Beal Intends to than what the grantor intended
land with a private company. covenant, trmist. or In our land. exchange for the Great Pond the land should be used for.
the lawyers of Beal Aerospae ease with the Beal land-swap Bil No. 23-0098 that was property, Well I am confused about
could argue the point that he isue a public charitable trust, sent down to the senators by 2. Section 2.1 contains a thin Beal deal legal Issue. Whtat
ga.torf the property proba. So the tissue that the govern- the governor cannot defeat the blank space the space that about you. people?

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