GOB Ordered to Pay $10 Million to Primrose Gabourel in Compensation for Compulsory Land Acquisition

On Wednesday, June 26, the Caribbean Court of Justice (CCJ) set aside a Belize Court of Appeal decision to directly assess compensation for land that was compulsorily acquired by the Government of Belize (GoB) from Primrose Gabourel.

As previously reported, on December 13, 2019, Gabourel filed a claim for damages due to the breach of her constitutional right against unlawful property deprivation in Belize. A High Court judge ordered full and fair compensation for the various claims. After mediation failed, the assessment continued in the High Court.

The High Court rejected Gabourel’s valuation, instead accepting the Government’s valuation of BZ$1,050,000 for the land. The judge awarded BZ$150,000 as nominal damages and BZ$300,000 for lost landfill, including interest and costs to the claimant.

Gabourel appealed to the Court of Appeal, which, by majority decision, overturned the High Court’s acceptance of the Government’s valuation and ordered a reassessment in the High Court. The Government subsequently appealed to the CCJ.

Justice Denys Barrow, delivering the judgment, stated that Gabourel should receive compensation for the compulsory acquisition of her land, reflecting its value at the acquisition date. The court highlighted that the lower courts had neglected the land’s development potential and its importance in credible land valuation.

Barrow further stated, “the appropriate remedy for a constitutional action for damages for compulsorily acquired land should be mandamus to the Minister to appoint a board of assessment. For the reasons given above, the appeal was dismissed. The decision of the Court of Appeal to order a remission to the High Court of the assessment of compensation was set aside and the respondent was awarded compensation in the sum of $4,545,325 with interest from 3 February 2007 at a rate of 6% per annum until the date of this judgment and thereafter at the statutory judgment rate of 6% per annum.”