Crown Land Legal and Administrative Procedures Seminar

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Crown Land Legal and Administrative Procedures
Seminar

• PROPOSED CROWN LAND PROCEDURES AND MANUAL

Sean Johnson MRICS Land Administration
Consultant Terra Institute Ltd
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• Presentation Outline
• Background
• Land Administration
• Land Management
• Discounts
• Monitoring and enforcement
• Appeals etc.

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• Crown Land Policy 15
• CROWN LAND APPLICATIONS, ALLOCATION AND
  MANAGEMENT PROCEDURES MANUAL
• This manual will clearly document the specific
  procedures to be used in the five key government
  departments with responsibilities for Crown Land
  Lands Survey, Valuation, Planning, Land
  Registry and the new Crown Land Unit.

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• Crown Land Policy 15
• CROWN LAND APPLICATIONS, ALLOCATION AND
  MANAGEMENT PROCEDURES MANUAL
• The Manual will describe the full-integrated
  process, flows of information with and between
  departments, standard data entry, validation and
  security procedures and will include standardized
  forms and correspondence format to be used in the
  process.

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• Purpose of the Manual
• To avoid ad hoc administrative decisions and
  ensure a more consistent implementation of the
  Crown Land Policy, the Government will prepare,
  approve and disseminate a Crown Land Application,
  Allocations and Management Procedures Manual
• (Crown Land Policy 15)

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• Reasons

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• Need to improve efficiency of the TCIG agencies
  who play a role in Crown Land allocations and
• Pro-actively manage the demand for Crown Land

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• Purpose of the Manual
• Procedures for applications
• Procedures for allocation
• Procedures for management
• Procedures for administration
• Procedures for information

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Crown Land Ordinance
Procedures

• Procedures

Crown Land Regulations
Procedures
Crown Land Manual
Procedures
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• All the Ps
• Principles under-Pinning the Procedures Provided
  by the Policy
• Subsidiarity (policy 14)
• Transparency (policies 8, 11 15)
• Fairness (policies 9, 18 19)
• Sustainable development (policies 12, 13, 14
  20)
• Efficiency (policies 16 21)

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• More P
• Principles based on best Practice
• Development will be planned and managed
• Activities will be coordinated
• Information, education and communication
• Data will be integrated
• and shared

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• Crown Land Administration
• Information management
• keeping of good land records
• the collection, organizing, maintaining,
  protection and making-available of data and
  information about land tenure, land use and land
  value
• Data integration
• Crown land will be registered
• Crown land management information system (CLMIS)

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• Crown Land Management Information System
• Crown land registry
• Property and asset management

CLMIS
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• Crown Land Management Information System

Applications
Rents
Parcels
Discounts
Proprietors
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• Computerization of the Land Registers
• Cayman project

Private users
TCIG users
Surveys
Land Registry
Crown Land
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• Future configuration?

National Land Information System
Private users
TCIG users
Crown Land Management Information System
Surveys
Valuations
Land Registry
Planning
Crown Land
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• Maintaining good land records
• registration

Land Registration (Dowson Sheppard) Guyana (1960
) Turks Caicos Islands (1967 1970) British
Virgin Islands (1970 1973) Anguilla
(1972-1975) Cayman Islands (1973 1977) Antigua
(1977 1980) St Lucia (1984 1987) Barbados
(1991 ) Belize (2003 ) Trinidad Tobago
(2008 ?)
Title Registration (Torrens) Jamaica (1890 -
) Dominica St Kitts Nevis (1886 ) Trinidad
Tobago (1892 - )
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• Registration of Crown land

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• Surveying and Mapping of Crown Land
• Land Survey Ordinance
• Registry Map

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• Crown Land Management
• Development
• Allocation
• Dispositions
• Acquisition
• Monitoring
• Enforcement

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• Crown Land Management
• Planned and managed development for delivery of
  Crown land by the Crown Lands Department
• Forward Planning
• National Physical Development Plan
• Planning permission
• Subdivision

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• Crown Land Management
• Managed delivery of Crown land by the Crown Lands
  Department
• Land identified, subdivided and developed
• Public offering of land
• Allocation

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• Crown Land Management
• Allocation
• Public invitation to apply
• Offer by public tender
• Public auction
• Private treaty

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• Crown Land Management
• By public invitation
• Residential
• Applications received between published dates
• Allocation by public ballot
• More applications than parcels ballot to choose
  applicant
• More parcels than applications ballot to choose
  parcel
• Offers made agreement within 14 days

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• Crown Land Management
• By public tender
• Commercial land or undivided block
• Public notice or marketing
• Closing date for submission of sealed tenders
• Evaluation and ranking
• On development (technical) proposal or
• On development proposal plus price proposal

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• Crown Land Management
• By public auction
• Commercial use
• Large or undivided parcels
• High demand for high potential location
• Public or sealed bids

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• Crown Land Management
• By private treaty
• Land must be publicly offered first
• Within a reasonable period of time

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The process..
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• The proposed reforms
• Identification and planned development
• Land must be zoned for appropriate use
• Residential application by invitation
• Applications before or after rejected
• Evidence required of intention to develop
• Commercial public tender or auction
• Business plan
• Evaluation by established criteria (inc.
  environment)

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• Dispositions
• Crown Land Policy
• Standard conditional purchase lease
• Conversion to freehold
• Long leases for some developments
• All leases and grants will contain development
  conditions and covenants

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• Standard conditional purchase lease
• Residential
• Subdivided and registered parcels
• One extension for 18 months permitted
• Revaluation on extension
• Monitoring of compliance
• Commercial
• (as per residential)

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• Grant of freehold
• Surrender of lease and compliance with conditions
• Checked by Planning Dept. Crown Lands Dept.
• Check for boundary encroachment
• Exception for a bank guarantee of development
  completed within 3 years
• Covenants on title
• Restricting land use
• Indemnify Government

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• Much the same
• Performance bonds
• Required for some commercial developments
• Assignments of leases
• Permission required
• Forfeiture and determination of leases
• Compensation paid for development completed

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• We reach?

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• Much the same
• Crown land reserves
• Legislation to protect (nature reserves) and to
  restrict development (national parks)
• Management of reserves and parks by appropriate
  agencies
• TCInvest
• Working closely with Crown Lands Department

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• Belonger Discounts
• Crown Land Policy 2005
• Only available for Belongers
• Applied on conversion of CPL to freehold
• One residential per island only one at a time
  one commercial of up to 10 acres
• Repayable on sale proportionally on time and
  quantity

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• Belonger Discounts
• Administration
• Recorded in Crown Land Management Information
  System
• Protected by registered charge
• Changes in company share ownership reported by
  Registrar of Companies

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• Land Valuation
• Land Valuation Office
• All Crown land to be valued by LVO
• Manual does not set guidelines for Crown land
  valuation
• Grants of freehold or leasehold
• Valuation should not be negotiable
• Appeals should only be possible on revaluation
  (e.g. lease extension, and not on conversion of
  CPL to freehold)
• Land market data
• Land registry

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• Rents and fees
• Unchanged
• Explained and listed in manual

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• Monitoring and Enforcement
• Conditions
• Periodic inspections and key events
• Protected and enforced by registration
• Discounts
• Protected and monitored by registration
• Illegal Occupation
• Crown Land Department to take action to recover
  possession

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• Acquisition of land
• For a public purpose
• Land Acquisition Ordinance Cap.78
• Procedures and guidance should be included in the
  manual at some future date

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• Appeals
• Tribunal
• appointed by the Governor, Chief Minister and
  Leader of the Opposition
• Appeals or complaints can be made for
• Just about anything!
• Ensures CLD compliance with procedures
• Supports decisions of CLD
• Complaints and appeals procedure explained in all
  written correspondence and displayed in CLD
  offices

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• The final words international best practice

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• Any Questions

Thank you