The Court of Appeal has overturned a Supreme Court verdict that found the compulsory acquisition of land to facilitate the $1.4 billion Albany project unconstitutional, branding that ruling “untenable” since it would create “commercial nonsense”.
Justice Cheryl Albury had originally ruled that the land acquisition was unconstitutional because the funds had come from private, not public, sources.
The Attorney General’s Office appealed that decision.
In overturnhing Justice Albury’s decision, Appeal Court president Anita Allen said the findings would “seriously curtail the Government’s ability” to use funds provided by private developers for financing economic development involving compulsory land purchases.
The compulsory acquisition of land in southwestern New Providence, which was privately-owned by Bahamian citizens, had aroused controversy due to questions over whether it is being done for a truly public purpose.
