The COM “corrects an injustice” by selling parcel AW 223 to R. Webster

At the end of January 2022, the RN7 road was blocked at Griselle by members of the Webster family and their supporters to protest against the auction of plot AW 223. This parcel is one of the properties disputed in the Beauperthuy estate: Rudy Webster claims ownership after purchasing it in 1985 from his late grandfather, while according to the estate administrators, it still belonged to the estate. In accordance with a decision by the Fort de France Court of Appeal, it was put up for auction on January 22, 2022, which angered the Webster family and many Saint-Martin residents, including Louis Mussington, who had publicly supported Rudy Webster.

Following a bidding war, the Collectivité managed to secure the plot on September 19, 2023, at a price of €558,000 excluding fees. A year later, the COM received a “spontaneous request” from Rudy Webster to purchase the land. Louis Mussington wanted to give a favorable response and, on February 13, proposed to the elected representatives of the territorial council meeting in plenary session a “useful and necessary measure to correct an injustice.” A deliberation suggesting the transfer of plot AW 223 from the COM to Rudy Webster was drafted and submitted to the elected representatives for a vote.

Several explanations were provided regarding the regulatory framework for this sale. As this plot is part of its private domain and not public property, the COM is not subject to any advertising requirements; in other words, the local authority is free to sell the land to whomever it wishes. However, it is required to justify the conditions and characteristics of the sale.

On the one hand, it must justify the sale price and, in principle, follow the advice of the State Property Directorate (DIE) or France Domaines. However, as the plot was acquired at auction, the law provides for an exemption when it is resold: “the opinion of France Domaines is not a reference for determining the market value of a property,” explained Léonie Flanders, director of legal affairs at the COM. In this case, the market value of the property corresponds to “the market value,” i.e., the price obtained at auction, the director explained. This is why the COM set its sale price to Rudy Webster at €558,000 plus the costs incurred during the proceedings, i.e., €577,448.

It should be noted that the COM had requested the opinion of the Domaines on January 12 and had not received any response by February 13, Léonie Flanders specified.

Furthermore, the Collectivité must “justify its decision to resell by setting out the reasons of general interest that justify the sale at this price, in particular the desire to enable the person to recover their property under fair conditions and/or the consideration of particular social or economic circumstances,” she explained.

“In this case, the motivation for this decision is based on social peace,” agreed Léonie Flanders, recalling “the intense tension [that existed in January 2022], which led to the Webster family being brought before the courts for disturbing public order.” The COM believes it has fulfilled all the conditions required by law to be able to sell this plot to Rudy Webster.

Despite these explanations, Team Gibbs did not appear convinced of the legal certainty of the transfer. In particular, it fears that other people may also have been interested in buying this plot and could subsequently take legal action against the Collectivité.

“We can decide in good conscience, based on legal arguments,” said Vice President Alain Richardson. “Allowing this transfer is about justice, it is about recognizing the right of Saint-Martin residents to own property in their own community,” he said.

After a little over an hour of debate and explanations, the resolution was adopted with 17 votes in favor and 2 against (Daniel Gibbs and Marie-Dominique Ramphort). The Economic and Social Council (CESC) issued a favorable opinion and welcomed a “choice aimed at restoring fairness and land justice.”

It should be noted that the COM also notified the court that it had never been informed of the auction of the neighboring parcel, AW 224; the sale took place in April 2021.