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Attorney General wins major victory for the Government in case of unlawful occupation of Crown Land

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#TurksandCaicos, May 2, 2024 – In a unanimous decision, the Court of Appeal of the Turks and Caicos Islands upheld an appeal brought by the Attorney General on behalf of the Turks and Caicos Island Government, overturning the lower court’s ruling and affirming the Government’s position on critical issues involving crown land procedures and the implications of the Crown Land Ordinance. This ruling represents a decisive moment in the legal saga and reaffirms the Government’s commitment to upholding the rule of law and protecting public resources.

On the 29th April, 2022, former Supreme Court Judge, Hon. Carlos Simons OBE KC, ruled in favour of a local businessman Mr. Gilbert Selver who the Crown argued had been in unlawful occupation of three parcels of crown land, namely 60602/429; 60602/430; 60602/431 respectively; ruling that the freehold title to Crown Land parcels 60602/429, and 60602/430 be transferred to Mr. Selver at the 2008 offer prices of $30,800 and $73,5000 respectively. In respect of 60602/431 the Court ruled that Mr Selver was indeed a trespasser. The Crown’s position in the Supreme Court was that Mr. Selver was a trespasser after failing to accept the offers for the sale of said Crown land presented to him prior to the coming into force of the 2012 Crown land Ordinance And after receiving Notices to discontinue the use and occupation of the said Crown Land which said notices had been ignored.

The Crown being dissatisfied with the said ruling, lodged an appeal against the decision of former Justice Simons OBE KC on the grounds that he failed to properly apply the contract principles of offer and acceptance; he failed to consider that the offers made by TCIG was subject to contract, and that he failed to consider the intervening impact of the Crown Land Ordinance which came into force in 2012.

On 26th October 2023, the Court of Appeal heard the detailed arguments on behalf of the Crown and Mr. Selver. Principal Crown Counsel, Civil Ms. Clemar Hippolyte and Principal Crown Counsel, Commercial, Ms. Yaa McCartney appeared on behalf of the Crown as representatives for the Appellant, and Mr. George Missick appeared for the Respondent Mr. Selver before the three- person Appeal panel comprising Hon. Mr. Justice K Neville Adderley (President), Hon. Mr. Justice Stanley John, and Hon. Mr. Bernard Turner.

On 17th April, 2024 the Court of Appealed handed down its decision on the appeal, overturning the judgement in the Supreme Court, and ruling in favour of the Crown. In arriving at its decision, the Court found that, by letter dated 29th October, 2008, the Crown offered Mr. Selver the freehold title to parcels 60602/429 and 60602/430 for the purchase prices of $30,800 and $73,5000 respectively. The Court found that in order to accept the offers, Mr. Selver was required to pay the survey fees and a registration fee. The letter also informed Mr. Selver that he was required to

contact the Crown Land Unit in order to execute the necessary documents. The Court found that Mr. Selver had not immediately acted on the offer and had not accepted the offer of the Crown for the freehold.

The Court of Appeal also held that although the offer remained open by the Crown, time not being stated to be of the essence, Mr. Selver’s unequivocal acceptance was only communicated in 2013 which came after the coming into force of the 2012 Crown Land Ordinance (CLO). The Court of Appeal considered whether the coming into force of the CLO presented a significant change in circumstances which would have impacted Mr. Selver’s ability to accept the offer to constitute a legally enforceable contract. Following the decision of the Privy Council in CMK BWI Ltd. v Attorney General [2022] UKPC 40, the Court held that the date of the acceptance was highly relevant to determining the legality of the contract because the 2012 CLO now dictates the conditions and circumstances of all crown land dispositions. The Court considered section 7(2) of the Ordinance which provides that “Crown land must not be disposed of unless the disposal is authorized by this Ordinance or any other Ordinance dealing with Crown land”, and held that the Crown “could not dispose of the parcels under the previous offers as the Ordinance cerate[d] the legislative framework for the disposition of Crown lands, including restrictions (section 9) and imposition of conditions (sectio10)”. Applying the law to the facts, the Court found that “no validly enforceable contract was entered into between Selver and the TCIG for the purchase of 429 and 430 as the offer to purchase the crown lands were rescinded by the passage of the CLO”.

In allowing the appeal, the Court ordered that:

  1. The TCIG is entitled to possession of parcels 60602/429 ; 60602/430 and 60602/431.
  2. Selver must vacate parcels 60602/429; 60602/430 and 60602/431 within 90 days from the date of the Order.
  3. The TCIG is entitled to all attached buildings and/or infrastructural works on the parcels 60602/429; 60602/430 and 60602/431 attached to the land and no compensation is payable to Mr. Selver.
  4. Selver must pay the TCIG’s legal costs in the Supreme Court and in the Court of Appeal .

“We welcome the Court of Appeal’s ruling in this pivotal land case,” stated the Honorable Attorney General Rhondalee Braithwaite Knowles OBE KC, “This decision vindicates our steadfast efforts to clarifying the impact of the Crown Land Ordinance on some of the legacy matters that we are seeking to bring to a close. This judgement, is another helpful decision of our courts that clarifies the Crown Land Ordinance’s governance over the disposition of Crown Land since its enactment. The judgment reaffirms the Government’s authority to act in the best interests of the people of the Turks and Caicos Islands and ensures responsible stewardship of our finite land resources.”

The successful appeal outcome is a testament to the diligence and expertise of the Government’s legal team, whose tireless advocacy and meticulous preparation were instrumental in securing this favorable verdict for the Government. Their dedication to advancing the Government’s case and upholding the principles of justice and fairness have been commendable.

“The Government is very grateful to the Court of Appeal for their thorough consideration of the legal issues at hand and their commitment to delivering just and equitable outcomes” added the Honourable Attorney General. “This ruling provides clarity and certainty for all stakeholders involved and underscores the importance of transparent and accountable Crown Land practices.”

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Federal Investigation into Florida Turnpike Tragedy that Killed Three Children of Bahamian Mother

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NTSB examining roadside assistance driver’s actions, SUV speed and seat belt use after six people perish in fiery collision

ORLANDO, FLORIDA — October 29, 2026 — Federal investigators have joined the investigation into a horrific Florida Turnpike collision that claimed six lives, including all three children of a Bahamian mother, as questions intensify over what caused the deadly crash.

The United States National Transportation Safety Board (NTSB) has confirmed that it is opening an investigation into the October 23 accident, which occurred around 9:31 p.m. near mile marker 252 in Orange County.

The agency’s involvement brings federal scrutiny to a tragedy that has devastated several families and prompted an extraordinary outpouring of sympathy and disbelief.

Among those killed were siblings Charles Milton, Jakara Milton and Dalvena Green, the three adult children of Marshall Clarke-Milton and her husband, Charles Milton Sr.

The siblings were traveling with three others to Universal Orlando’s Halloween Horror Nights, reportedly on their first trip together.

They never arrived.

FEDERAL INVESTIGATORS EXAMINE WHAT WENT WRONG

The NTSB confirmed to FOX 35 Orlando that its investigation will examine the training and performance of the roadside assistance driver, the actions of the SUV driver, including speed, and whether the occupants were wearing seat belts.

The agency investigates serious transportation accidents to identify safety failures and recommend measures that could prevent similar tragedies.

Its involvement does not establish wrongdoing by either driver.

The Florida Highway Patrol is conducting a separate investigation into the collision.

According to the preliminary police account, a Road Ranger roadside assistance truck had been parked in the highway median before its driver received instructions to assist a disabled box truck on the opposite shoulder.

As the Road Ranger moved across the northbound lanes, it collided with a 2023 Chevrolet Traverse carrying six adults.

Both vehicles left the roadway and caught fire.

All six occupants of the SUV died at the scene. The Road Ranger driver survived with minor injuries.

MOTHER CHALLENGES EARLY ACCOUNT

Witnesses reportedly told investigators that the SUV was traveling at high speed without its headlights illuminated.

However, those observations have not been established as the definitive cause of the collision.

Clarke-Milton has challenged suggestions that her children or their companions were responsible, urging investigators to examine the evidence before reaching conclusions.

She wants investigators to establish the SUV’s actual speed and determine whether its headlights were operating.

The family’s concerns underscore the importance of the continuing investigations, particularly given the movement of the roadside assistance vehicle across active highway lanes.

ALL THREE CHILDREN LOST

For Clarke-Milton, the investigation unfolds against an almost incomprehensible personal tragedy.

She lost all three of her children simultaneously.

In an emotional interview with FOX 35 Orlando, the grieving mother described the terrible feeling that overcame her when she could not reach them.

“My heart sank,” she said, recalling the moment she feared her children were involved.

The siblings were among six people whose lives ended during what should have been an enjoyable evening together.

The other victims included Timothy Williams and Shawn Palmer. A sixth person’s identity had not been publicly confirmed in the latest reports reviewed.

The family’s heartbreak has resonated across The Bahamas and beyond, with expressions of sympathy accompanying calls for answers.

SEARCH FOR ANSWERS CONTINUES

The Florida Highway Patrol has indicated that a crash report is expected within approximately ten days of the accident.

The NTSB’s investigation will examine broader transportation safety concerns, including the operation of roadside assistance vehicles and the circumstances surrounding the collision.

For the grieving families, the findings cannot reverse the tragedy.

But they may establish what happened on that stretch of Florida’s Turnpike and whether anything could have prevented six people from losing their lives.

For one Bahamian mother, the loss is especially devastating.

Three children left for an evening of entertainment. Not one came home.

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Joyful Collaboration between 2 Regional Foundations Uplifts Tourism Professionals in Turks & Caicos

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CHTA Education Foundation & Sandals Foundation Training Celebration with TCHTA in Providenciales 20 October 2026. Front Row, L to R: Suzanne & Louise CHTAEF Trainers, Wesley Clerveau, PS Ministry of Tourism, Deryck Meany for Sandals Foundation, TCHTA team: Stacy-Ann Wharton, VP – Nicholette Thomas Operations Manager - Omega Simmons Board Member

Turks and Caicos – Caribbean Supercharged Service, Learning & Leadership workshops were enjoyed by professionals from Grace Bay Car Rentals, a local sponsor, alongside a Heavy Machinery Rental Company, a Paint retailer, 8 resorts, a luxury villa management enterprise and 3 TCHTA sponsored junior chefs, including Team TCI Junior Chef 2026, Zaliya Dickenson, who will complete at the Taste of the Caribbean in November for her country.

These workshops were the result of the longstanding partnership between the CHTA Education Foundation and their sponsor, Sandals Foundation, who support the Caribbean Supercharged programme on a different island every year. This year, the Turks & Caicos Hotel & Tourism Association (TCHTA) hosted the initiative to the delight of its members.

The workshops targeted new team members, seasoned professionals, managers and supervisors. Topics included Foundations & Finesse within Customer Interactions, Delivering Clear Expectations for Service Consistency and Making Memorable Moments.

Sandals Foundation was pleased to also sponsor chefs, cooks, stewards, warehouse & purchasing staff from 7 resorts and 2 high schools for an intensive HACCP Preparation & Pre-Requisites informational day, including international coursebooks, team training booklets and each person’s international assessment fee. The course is approved by the Royal Society for Public Health UK, earns Continuing Professional Development Credits, and is recognized globally as the leading Food Safety Management System.

Deryk Meany, General Manager, Beaches TCI, represented Heidi Clarke, Executive Director, Sandals Foundation at the 20 October Celebration with energy and passion for professional development and life-long learning in tourism to ever uplift and grow ourselves. He asked participants to ‘never stop learning! Today is a step upwards in your personal growth and that of the industry. We are never too old to learn, to share our experiences within training and grow”

Wesley Clerveau, Permanent Secretary, Ministry of Tourism, gave spirited, positive inspiration and congratulations to the participants “Stayover arrivals in TCI have increased by 6% between January & June this year, we are hot! The place visitors wish to be, and your time, application and learning in each workshop is invaluable to us as a destination and to you as citizens and residents. I urge you to put what you have gained into practice immediately and keep applying yourselves; the more you upgrade, the more service elevates, the more we all succeed”

Karolin Troubetzkoy, Chairwoman, CHTA Education Foundation commented “Congratulations to everyone who participated in this year’s workshops, thank you for being fully engaged and making the most of your opportunity.

Special mention to the 8 past participants that we reunited with and are now working in leadership positions, BRAVO! We are delighted for you and encourage you to stay focused and keep shining and growing upwards.

It has been the Education Foundations honor to work closely with our sponsor Sandals Foundation and partner with TCHTA again to create Caribbean Supercharged positivity within each of you”.

Stacey-Ann Wharton, Vice President TCHTA, congratulated everyone present and stressed the TCHTA ongoing commitment to learning and development of members teams and management, along with special TCHTA scholarships for the HACCP session for 3 Junior Chefs, showing the Associations commitment to nurturing talent from High School upwards.

PHOTO CAPTIONS

First Insert: Wesley Clerveau, PS, Ministry of Tourism

Second Insert: Deryck Meany, GM Beaches TCI representing Sandals Foundation

Third Insert: Stacy-Ann Wharton, Vice President, TCHTA

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Multi-Agency Enforcement Exercise Targets Illegal Occupation of Crown Land in Five Cays

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Providenciales, Turks and Caicos Islands: The Crown Land Unit, with coordination and support from the Informal Settlements Unit (ISU), conducted a multi-agency enforcement exercise in the Five Cays area on Thursday, September 17, 2026, as part of ongoing efforts to address the illegal occupation and unauthorised use of Crown land.

The exercise brought together representatives from the Crown Land Unit, ISU and the Turks and Caicos Islands Border Force. Security for the exercise was provided by the Royal Turks and Caicos Islands Police Force. Inspections were conducted across several parcels of Crown land throughout Five Cays, where instances of illegal occupation and unauthorised use had been identified.

During the exercise, a total of forty (40) Section 22 Notices of Unauthorised Occupation were served in accordance with the provisions of the Crown Land Ordinance. The notices related to various forms of unauthorised occupation and use of Crown land, including incomplete structures, shipping containers, derelict vehicles, trailer chassis, building materials and other items.

Where persons were not present, notices were affixed to the relevant structures or items. The exercise forms part of the Crown Land Unit’s continuing efforts to prevent squatting and encroachment on Crown land and to ensure that identified instances of unauthorised occupation are appropriately addressed.

The Government of the Turks and Caicos Islands reminds the public that Crown land must not be occupied, developed or otherwise used without lawful authority.

The Crown Land Unit, supported by the ISU and its other partner agencies, will continue to identify and address instances of illegal occupation of Crown land across the Turks and Caicos Islands. Persons affected by notices issued during enforcement exercises are encouraged to comply with the requirements outlined and to seek guidance from the relevant authorities where necessary.

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