High Court Reviews Constitutionality of Stake Bank Land Acquisition

The High Court, under Justice Rajiv Goonetilleke, is currently reviewing the constitutionality of the Belizean government’s move to compulsorily acquire 23.4 acres of Stake Bank Island. This land, owned by developer Michael Feinstein, is intended for the development of a cruise port with berthing facilities. However, the land is slated to be transferred to OPSA, a Honduran company and former partner of Feinstein, raising legal challenges.

Godfrey Smith is representing Feinstein, Eamon Courtenay for OPSA, and Dean Barrow for the receiver.

The government’s defence team includes Magali Marin Young and two senior attorneys from Trinidad, whose fees are being covered by Belizean taxpayers.

Feinstein’s legal team argues that the acquisition lacks a legitimate public purpose, alleging it serves to resolve a private title dispute in favour of OPSA. The government and OPSA maintain that the acquisition is constitutional and serves the public interest by facilitating the cruise port development.

The court has temporarily paused the acquisition process pending the outcome of the constitutional challenge. Justice Goonetilleke is expected to deliver a decision by January 2025. In the interim, the project remains on hold. Additionally, a separate claim by Atlantic Bank and OPSA against Feinstein, alleging fraudulent acquisition of the land, is scheduled for mid-January.