OYSTER POND:--- Two huge gas tanks erected on the land inside Captain Oliver's has the attention of the State of France and the Kingdom since the tanks were built on French land. According to information obtained from the Prefecture of St. Martin, they are busy investigating the installation of the two white gas tanks above the surface of the earth at a resort. Based on international regulations, gas tanks are supposed to be underground because they contain explosive fluids. However, officials on St. Maarten say they do not have to comply with the international regulations but they do have to take it into consideration when issuing hindrance permits.
Earlier this year the operators of Cactus Tree N.V. erected two huge gas tanks on the Captain Oliver's premises and they submitted a request at the Ministry of VROMI to obtain a hindrance permit to sell gasoline to the boaters at Captain Oliver's marina.
An official at the Department of VROMI confirmed to SMN News that they did not issue any building permit to erect the gas tanks because it was not a requirement. The official further stated that the procedure such as payment for the hindrance permit was completed last week and sometime next week a publication will be in both of the newspapers on the Dutch side to inform the residence of the area that an application for a hindrance permit to sell gasoline was submitted at the Ministry of VROMI. The official further explained that residents of Oyster Pond and those that might be affected by sale of gasoline in Oyster Pond can submit letters to protest the issuance of the hindrance permit. It should be noted that after the first publication those interested in protesting have 14 days after the first publication to submit their letters of protest.
It should also be noted that SOL was supplying gas at Captain Oliver's but since the owner of the estate passed away in 2010, SOL removed their underwater pipes that needed to be replaced. A former employee of Captain Oliver's marina told SMN News that SOL had to remove their pipes because the situation was extremely dangerous because gasoline was leaking from the rotten pipes that were placed under the water over 30 years ago. The employee said when SOL removed their pipes the new owners refused to sign a new contract with SOL because SOL wanted a long contract that would cover the expenses they would incur to change the pipes. According to the employee, management of Captain Oliver's owed SOL $29,000.00 and refused to pay them for over one year. That payment was made less than three months ago.
Cadastral documents show that the owner of Cactus Tree N.V., the late Olivier Lange obtained three long leases for "Water Rights" from the Government of St. Maarten to construct a marina. It is clearly stated that the water rights given to Cactus Tree N.V. cannot be filled in because it was issued for the construction of a marina, one of the water rights long lease indicated that Cactus Tree N.V. has Water Rights with a landing range.
On the deed of 547/1996, Cactus Tree N.V. received 10,710 square meters of water rights with landing range. On deed 330/1988 Cactus Tree N.V. obtained 7,720 square meters of water rights, while on deed 83/1983 Cactus Tree N.V. received 2,280 square meters of water rights.
The long lease 83/1983 was issued to the owner of Cactus Tree N.V. to build a wooden pier while 330/1988 shows that the long lease was issued for the construction of a marina. Long lease 547/1996 was an expansion to these water rights. The cadastral registry does not have anything in its registration that shows that the water rights were filled in and who authorized the filling in. Therefore, there is no registration of land belonging to Cactus Tree N.V. at the Cadaster registry.
According to officials at the Ministry of VROMI, surveyors were sent out and they placed stakes on what they have as part of the Meetbrief as water rights. These long leases were issued to Cactus Tree N.V. in 1983 and in 1999. Since then no official modifications were made to the long leases that were issued as water rights which clearly states that there must be no filling in of the water.
Currently, the heirs of Captain Oliver's are engaged in a legal battle to verify the last testament of the late Olivier Maria Lange. Right now several people claim to be the owners of the estate and there has been a three year battle taking place in the French and Dutch judicial systems.
Click here to view the deed given to Cactus Tree in 1989 and 1999.