Landowner Chris Johnson insists his waterfront property in George Town is “not for sale at any price” despite government’s plans to forcibly purchase the site for a fish market.
The land at Red Spot Beach is used by cruise tourists and some locals as a place to swim or sunbathe.
It is also the location of a fish market, which government is seeking to preserve and which Johnson wants moved off the plot.
Government has now published a ‘preliminary notice’ under the Land Acquisition Act indicating its plan to force the sale of the plot, which states the aim is to: “Ensure ownership of the property by the Crown for the future benefit of the people of the Cayman Islands and the local fishermen for the continued use as a public fish market.”
Johnson, who has owned part of the site for 50 years, disputes claims that anglers have used the property to sell their catch for decades. While fishermen have used the general area for some time, he claims the pouring of concrete on his land for the market was a recent and illegal move.
The longer history of the spot, Johnson says, is as a rare and popular swimming hole on the waterfront.
He said generations of Caymanians and tourists had learned to swim at that site and on cruise ship days it is packed with sunbathers and snorkellers.
In a recent application to the Central Planning Authority, Johnson sought to “beautify” the land which he said he aimed to hold in trust for public use. The application aimed to put in a wheelchair ramp, add seating and plant sea grape trees to offer shade.
The CPA decided to defer the application in light of government’s efforts to purchase the property and until the land acquisition is complete.
Johnson said the government decision was “absolutely wrong” and seizing his property against his will would set a “draconian and dangerous precedent”.
He said he would go to the Privy Council if necessary in an effort to prevent the acquisition.
“This is a long way from being done,” he said.
Johnson, in an earlier letter to MPs, indicated there was no fish market at the site when he bought it and that concrete had been illegally poured on his property and tents erected in 2006. He said he had repeatedly asked the fishermen to move and offered them use of another parcel he owns along the shore. This was accepted by them and the government at the time, he said, but the move did not materialise and after an interval when it wasn’t used during COVID, the fishermen returned to the site.
Johnson has also claimed the move is discriminatory against him as a ‘paper Caymanian’, saying a neighbouring plot in the same stretch had not been targeted for acquisition.
Important community land
Speaking in Parliament last week, Deputy Premier Kenneth Bryan confirmed that government has given notice of its intent to forcibly purchase the land.
“This property has been discussed at length in terms of its importance to the local community, particularly fisherman of the islands,” he said.
He said three valuations were being acquired for the property and government would go back with an offer to the landowner shortly.
If that is rejected, he said, a hearing will be held before a magistrate where government will be required to set out why it wants the property and the efforts it has made to negotiate. The magistrate can then order the amendment of the Land Register to reflect Crown ownership.
While compulsory property purchases in new highway corridors under the National Roads Authority legislation are relatively common, it is almost unheard of for government to use the Land Acquisition Act for this purpose.
Wilbur Welcome, chief officer in the Ministry of Lands, acknowledged the provision was used “very rarely” but said it was felt necessary after negotiations failed. He said it was a method government would use in other cases in future.
He added it was open to landowners to contest those moves in court.
“As is the case with all matters in the Cayman Islands, there is opportunity for natural justice and as such there are mechanisms for the owner to appeal against the compulsory acquisition of the property.”
Johnson has further questioned government’s intent with the purchase, pointing out that the plot is within the footprint of the site for a proposed cruise pier in George Town.
However, that plan was shelved and the islands are about to have a referendum over whether to pursue cruise infrastructure at all.
“I’m unaware of any plans for cruise or cargo port extension (at that) location at this time,” Welcome added.
Some fishermen have been pressing for some time for government to acquire the land. There is no dispute that it is owned by the Johnson family but they believe they have acquired prescriptive rights through use over time.
“We want the government to forcibly take the land,” Robert Prendergast, who says he has sold fish at the market for more than two decades, told the Compass in 2020.
“This was never the desired option, because we don’t want to take Mr. Johnson’s land, we just want to use it.
“But since he won’t sell and he won’t let us stay, then we need the government to take it by force.”
Former Premier McKeeva Bush last year brought a private member’s motion that was supported by the House calling for the purchase of the land.
“Government has made every effort to be reasonable, all to no avail, and so to protect these fishermen and vendors and what we feel is a local cultural experience, we are asking government to take it over,” he said at the time.
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That would be the “culturally important” fish market where Jamaicans sell fish bought in from Honduran fishermen?
The previous comment which I understand is the truth of the matter, blows Mr Bryan’s claims out of the water. If you want the opinion of Caymanians read the 60 or so comments on Cayman News Service just about all of whom support Mr Johnson. If Mr Bryan pursues his course of action it is doomed to failure as without doubt Mr Johnson will appeal this to the Privy Council and without doubt they will support his appeal. This misguided motion will achieve nothing except the waste of a lot of Govt funds, and least of all support from Caymanians.
Couldn’t agree more!
Good on Government moving forward to acquire this.
Years ago I did some pro-bono work for town (I am a qualified Architect). I approached all landowners along North Church Street in a grass-roots effort to build a sidewalk between the cruise ship port and Le Vela restaurant. About 1000 linear feet of the road.
Landowners paid for sidewalks on their parcels, while I managed the contractor and drawings for free, in a collective effort to increase foot traffic, while providing a safe space for pedestrian road-users. In-turn, the benefit for the landowners were more sales for their commercial properties due to increased foot traffic. We were able to build 800 linear feet which has resulted in plenty of happy pedestrian visitors and locals who use the street with no hit and runs, which were a common occurrence 10 years ago along this strip. The success of this sidewalk initiative was massive.
Chris gladly built a sidewalk along his 200 foot length of property which has in turn made the site more accessible and safe to walk (it wasn’t before with the wall there).
This can be considered as a phase 1 for the plans we have for the site. Phase 2 includes making the site into a real beach park for locals and tourists. The design submitted to planning, currently adjourned by CPA, is beautiful and puts forward stepped seating along the entire length of the existing sidewalk creating an amphitheatre-like space facing the sea. The design provides accessibility along the entire length of the parcel and caters to all things currently happening on the site: the tourists that swim and sunbathe on the site and locals who pass time there.
We also considered the fish market, because they need a real facility. A facility that can grow, be clean, be safe and better-looking. What they have now looks awful and doesn’t function well. Additionally, there is no parking, toilets or running water. The site is small and there simply isn’t room for them to function there, especially considering the traffic chaos that spills onto North Church Street. There are urban planning and real estate issues playing out which are affecting the neighbouring properties. It’s awful that government are now looking to consider compulsory acquisition of the land without any plans for it. Chris has wonderful plans for the site with the grand purpose of giving it to Cayman.
GT Rejuvenation
Any plans put forward by the government under the GT Rejuvenation initiative needs to be considered critically given their underperformances.
You can’t just pedestrianize a street without testing and understanding the effects. Everybody in Cayman drives, so pedestrianizing a street in Cayman will decrease the local market exposure, as proven in the thoughtless move to pedestrianize Cardinal Avenue.
You can’t just create a park like it’s the 1850’s. Parks are for the most part vacant spaces since our world became a very capitalist over the last 70 years. Unless programmed around the perimeter with commercial and retail functions, parks are empty spaces. No one in Cayman hangouts in a park during the day, the weather doesn’t permit, and no one has the time, or reason to do so. Scranton Park will be a very vacant space unless it has real attractors. It really should have been used for low and low/mid income housing, to build back residential space into our nation’s capital or why not relocate the skatepark there to attract youth into the city centre? Pretty much anything but what was put forward would be a better use of the space and money.
Government doesn’t have plans for Red Spot, nor do they have urban planning design knowledge, so they will continue to make massive mistakes in town. Chris has a plan for the site which will make it a beautiful place to visit.
Fisherfolk Rights
Growing up here as a kid, I remember the site well and how the guys used to sell fish from the water, on the piece of Ironshore there with a scale. I respect that. Only in recent years have they occupied the land on the parcel. By gathering aerials from the Lands and Survey department it can been seen that they started erecting tents after Ivan. During the planning submission the Public Lands Commission failed to put forward any evidence pertaining to access rights for the guys selling fish. This is because they never occupied the land until after Ivan as anyone will remember.
Cruise Port
Given the close proximity to the cruise port, Red Spot would be massively valuable to any future cruise pier design, it would add width and more area to any future scheme and make it easier for government to move forward with a cruise port design.
I hope government stops this effort to consider compulsory acquisition, it would be an awful precedent and why would anyone ever considering buying land in town if Government is to eventually acquire it.