Unravelling property definitions in ’09 Act

“Agricultural” land is land used for three purposes only: (1) the rearing of livestock or food cultivation; (2) the cultivation and processing of food or food products or rearing of livestock; and (3) horticultural use. A kitchen garden or land used for ornamental or recreational purposes is not “agricultural.” The “annual rental value” of land is defined in the Act as “the annual rent which particular land is likely to attract having regard to the purpose for which the land is actually used, occupied or tenanted, or where it is not actually used, occupied or tenanted, having regard to the purpose for which it is reasonably suitable.” Who has the discretion in this law to determine the purpose for which the land is “reasonably suited?” You guessed it: Finance Minister Colm Imbert.

The “capital value” of property in the Act refers to the current market price which in the Act is the fee that a “bona fide” seller would ask. “Commercial land” is land used for “commercial purposes” — “whether wholesale, retail or carrying out a trade.” Doubles vendors’ homes immediately fall under the ambit of “commercial properties.” The property also becomes commercial if there is a “service” provided there. The women who sew dresses at home, bake cakes, prepare lunches to sell; the people who do people’s taxes at home, repair watches or computers. Even the homes of non-profit NGOs are “commercial” properties in this Act.

Your home would become “industrial property” under this Act if the “improvements” you have effected the minister thinks you have done for “processing or manufacturing.” Your home would suddenly fall under the ambit of “industrial property” if it is seen as a hub for “transportation (taxi owners), fabrication, assembly, treatment or distribution of manufactured products or storage of bulk material.” I tell you! So all the little trades that the PNM taught in its “caring” for the ordinary people, it is now going to be repaid twice and three times over. Wicked! I end with a real kicker. “Residential land” means “vacant or unoccupied lands with or without a building” that can be or is intended for use “by its location” for “residential purposes.” That definition applies to ordinary people. The definition for the wealthy among us is different.

Residential land is also “land that has affixed to it a building or other dwelling which has the physical characteristics that enable it to be occupied or be capable of occupation as a residence or for residential occupation and is used and occupied on a permanent basis as a single dwelling accommodation and includes complementary outbuildings and (c) boat houses.” I suppose this is for the big shots with beach front holiday homes who own yachts.

Talk about the PNM and its fiefdom.

STEVE SMITH via email