Farley THA Lacks Power to Seize Land
Chief Secretary Farley Augustine has issued a stern clarification regarding the legal powers of the Tobago House of Assembly (THA), specifically addressing rumors surrounding land transactions at Store Bay Local Road. Speaking at a recent meeting, Augustine emphasized that the THA operates strictly as a « Body Corporate » and does not possess the sovereign powers held by the Central Government.
Augustine explained that this distinction is crucial for understanding how the Assembly manages land development. unlike the Central Government, which has « Compulsory Acquisition Rights » to mandate the surrender of private land for public purposes, the THA has no such authority. He noted that any attempt by the THA to build infrastructure on private land without explicit permission exposes the Assembly to significant legal and financial risks—liabilities that the Central Government will not cover.
« The THA can sue and be sued, » Augustine stated, warning that the Assembly’s lack of sovereign protection means it must bear the full cost of any legal missteps. He cited past instances where previous administrations faced lawsuits for constructing roads and drains on private property without consent, forcing the current administration to settle costly legal battles.
Addressing the specific situation at Store Bay Local Road, the Chief Secretary firmly denied allegations that the THA had sold or given away land. Instead, he clarified that he has invited business operators and the private sector in the area to submit a formal proposal. This proposal would serve as the basis for the THA to legally negotiate the purchase or lease of the land at market prices, ensuring improvements are made within the framework of the law.
Augustine reiterated that the Assembly’s jurisdiction is geographically limited to six miles from the high-water mark and that all land deals must be conducted through proper negotiation rather than executive force.
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