PHILIPSBURG:--- On Wednesday morning, the Minister of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI), Patrice Gumbs, went to the Court of First Instance to represent VROMI in the case between Sun Resorts Ltd. N.V. and the Government of Sint Maarten concerning the legal status and ownership of the beach area at Mullet Bay. The dispute centers on the question of whether Sun Resorts, as owner of adjacent lands in the Mullet Bay area, can claim private ownership over (parts of) the beach and coastal zone. Sun Resorts has requested that the Court declare it the rightful owner of the land extending to the coastline, and that the Government has acted unlawfully by issuing permits, granting usage rights, and allowing third parties to operate businesses on the beach. Sun Resorts further seeks court orders prohibiting the Government from continuing such activities and requests the imposition of significant financial penalties for non-compliance.
The Government of Sint Maarten has firmly rejected these claims. The position of the Government is that the beaches of Sint Maarten, including Mullet Bay, form part of the public domain and belong to the people of Sint Maarten. This position is grounded in longstanding legal principles and statutory provisions, which establish a presumption that beaches are owned by the Country unless unequivocally proven otherwise. During the proceedings, the Government argued that Sunresorts had not provided any legally valid title demonstrating ownership of the beach itself. The Government emphasized that historical deeds and cadastral documents relied upon by Sunresorts refer to land adjacent to the sea, but do not establish ownership of the beach. The Government further highlighted that beaches have historically remained publicly accessible and have been managed accordingly, including issuing permits to local entrepreneurs providing public services. In addition, the Government maintained that it has acted lawfully in managing and regulating the use of Mullet Bay Beach in the public interest, and that there is no basis for the claims of unlawful conduct or damages. “We can not let one document set a precedent that will steal the most popular beach from our people and allow others to try and lay claim to our shores,” Minister Gumbs stated when asked.
The case raises fundamental questions about public access to beaches, the scope of private property rights, and the protection of Sint Maarten’s coastal heritage. The Court has indicated that judgment in this matter is expected on June 9, 2026.
The Ministry of VROMI will continue to act in the interest of the people of Sint Maarten and remains committed to safeguarding public access to the island’s beaches. “Our beaches belong to the people and always will.” Minister Gumbs declared.
