Trust, government on collision course

Plans for a 10-mile extension to the East West Arterial Highway could run into a roadblock in the form of a statute that provides an additional layer of legal protection to National Trust land. 

Under the National Trust Law, the organization has the power to declare its properties “inalienable” – meaning they cannot be bought, sold or transferred. 

Trust bosses believe the law creates a “legal impasse” that could prevent government using its statutory powers under the Roads Law to take National Trust land for the highway project. 

They say the planned road will affect critical mangrove wetlands and habitat of the endangered blue iguana as well as the Mastic Reserve – one of the most significant natural attractions in Grand Cayman.  

In a briefing paper, written last week, the Trust described the planned route as “unnecessary and unacceptable” and suggested it could easily be altered – a position which counters Premier Alden McLaughlin’s expressed opinion that the route cannot be changed to avoid the Mastic Trail. 

“The Trust-owned parcels of land comprising the Mastic Reserve have been declared inalienable. How the government intends to deal with this legal impasse remains to be seen. 

“We again suggest that rather than having two laws in conflict that a more holistic solution would be simply to reroute the road around the areas preserved in perpetuity for the people of the Cayman Islands under the National Trust Law,” the briefing paper states. 

It adds, “The National Trust understands the value this road will bring to the country but the damage which will result from the current route is unnecessary and unacceptable.” 

Government has the right under the Roads Law to seize private property for public interest roads projects. Landowners are usually offered financial compensation, though when the parties cannot agree a fee, the arbitration process has dragged on, in some cases, for more than seven years without payment. 

Premier McLaughlin said last week that he believed it would not be possible to alter the planned path of the road to avoid the Mastic Trail. He said changing the route would take the road too far south and suggested a bridge could possibly be built over the trail. An agreement has been signed between government and developer Ironwood to build the road along with its $360 million golf course project. 

The Trust says in its briefing paper, supplied to the Caymanian Compass, that the road plans could be “easily modified.” 

It has also raised concerns about the future third phase of the highway, which also crosses National Trust territory east of Frank Sound Road. The route for the entire length of the road was originally published in 2005. 

“The entire length of the road will impact five National Trust properties, including protected areas where endangered blue iguanas have been released. The Trust is not opposed to the new road per se, but it is concerned about the current route and suggests that sections of the road be rerouted to avoid environmentally sensitive areas.” 

It adds, “To drive a road through the Mastic Trail is a fragmentation of our history … ” 

According to the Trust’s briefing paper, the proposed route would sever the nature walk from its southern trail head, meaning the loss of its visitor car park and signage, as well as 1,600 feet of the trail.  

“The continuous noise of traffic will impinge on the sense of solitude sought by naturalists in protected areas and this historic, public right of way will be permanently and drastically altered. 

The Trust has called on government to commission a transportation study and strategic environment assessment to determine if the proposed route of the East West Arterial is even necessary in light of the fact that a second route, further to the south, has also been gazetted. The southern route branches off from the main East West Arterial corridor, connects to Frank Sound Road near Clifton Hunter High School and from there goes directly behind Health City Cayman Islands and then on toward the village of East End, avoiding Trust properties.  

It adds that the planned northern route, proposed to be built by Ironwood development company, would involve the destruction of more than 100 acres of pristine mangrove wetlands and asks that if the road cannot be moved to avoid the Central Mangrove Wetlands, that an equivalent amount of land is provided to the Trust to mitigate the loss. 

Mr. McLaughlin said last week that the project would require both a business case and an environmental impact study as per the terms of the Framework for Fiscal Responsibility.