Public purpose

When can our property be taken away from us without our consent?  We are looking at our section 7 constitutional guarantee of our property rights in Anguilla.  As usual with all these rights, there are exceptions.  The first exception that we have in Anguilla is where our land is taken away from us for a ‘public purpose’ under the provisions of the Land Acquisition Act.  Government can take away our property for any reason at all.  But, if they acquire our property under the Land Acquisition Act they must satisfy the conditions set out in that Act.  One of these conditions is that the land must be acquired for a public purpose.  There is nothing in principle stopping government passing a new law called The Acquisition of Property for Any Reason at all Act.  That would be in full compliance with our Constitution.