‘It is an injustice, pure and simple’
Louena Aquilina and her family feel their land in Marsa was expropriated by the government on false pretences. Photo: Darrin Zammit Lupi
A family is livid at the government for taking “agricultural land” away from them, only to then incorporate it in a proposed sports village.
The expropriation took place just a week before the area’s local plans were modified by the planning authority.
The Camenzulis are now locked in a legal battle with the government over the expropriation of 5,000 square metres of their land in Marsa.
Marked as a road in the area’s 2006 local plan, the land was accordingly valued at €75,000 by the government. The week after the expropriation notice was issued, the Malta Environment and Planning Authority granted permission for the land to be turned into an integral part of the proposed Marsa Sports Village.
The government said it wanted to give the land to the private sector to build a hotel, restaurants and gambling facilities as part of the sports village project.
“According to the expropriation notice, the land is needed for public use. But the government took the land away while valuing it as agricultural land, only to get it approved for development just a week later. Now they want to hand it over to someone to use it as part of his private business. Is that fair?” asked entrepreneur Louena Aquilina.
She felt it was “odd” that the government had been confident enough of obtaining planning permission to go ahead with the expropriation.
“The Mepa board is independent. What made the government so sure it would be granted permission?”
Mrs Aquilina is the daughter of one of the land’s titled owners, David Camenzuli, who insisted that the expropriation had been underhand from the start.
“Nobody told us. We only found out about the expropriation when the man owning the neighbouring land came to tell us about a planning notice he had come across,” said Mr Camenzuli.
According to a spokesman at the Land Ministry, expropriations are listed in the Government Gazette, the media and the local council where the land is located.
Mrs Aquilina insisted there was no such notification at Marsa local council. “I went there specifically to check and there was nothing. Had we not been told by our neighbour, we’d have never known and missed the appeal deadline date. And I suspect that’s what they were hoping would happen.”
A ministry spokesman said there was nothing odd about the one-week period between the land being expropriated and development permits being issued.
Requests to expropriate land had to be submitted to the Government Property Division at the same time as planning permit applications were filed.
“It is up to the government entity doing the project to obtain the permits. It is not the Government Property Division’s responsibility to see whether the necessary permits were obtained.”
A Mepa spokesman confirmed that reviews to the local plan in question were published and opened to public consultation in October 2011.
The revisions were subsequently endorsed the following January, when the Camenzulis’ land was expropriated.
A spokesman for the Sports Parliamentary Secretary also defended the decision to expropriate this area, saying this was always done carefully and only in the public interest.
He admitted that the government intended involving a third party to develop the land, adding that this would generate new jobs and benefit the sports community and the public.
Mrs Aquilina remains unimpressed by this defence.
“Why should someone be allowed to build a hotel and restaurant on my land?”
A court case concerning the expropriation is ongoing and a determined Mrs Aquilina said the family would petition the European Court of Human Rights if the domestic courts found for the government.
“It is an injustice, pure and simple. We’re not going to sit by and watch as others make a little fortune from land that’s ours,” she promised.
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Carmel De Gabriele
Jul 27th 2012, 05:54
ALL MEMBERS IN PARLIAMENT ONLY KNOW PEOPLE TILL THEY ELECT THEM, THEN ONCE IN POWER DO WHATEVER THEY WANT.
JUST BE STRONG AND THROW AWAY YOUR VOTE .
L-EWWEL NIEHU wara naghti !
Mr Tony Gatt
Jul 26th 2012, 22:12
Wonderful Malta! Ali Baba and his 40 thieves live on.
Mr Victor G Mercieca
Jul 26th 2012, 20:27
aerial images of land goto www.airphoto.com.mt
Peter Borg
Jul 26th 2012, 17:25
Outrageous story! I thought these things only happened under the Labour governments of the seventies and eighties ?
GL Calleja
Jul 26th 2012, 18:14
These things happen under the PL and under the PN. Same piece of cloth different dresses. I am still waiting for my property in B'Kara which was requisitioned, (confiscated) by the government in 1974. How about it Minister?
Louis Craus
Jul 26th 2012, 17:19
Dik gustizzja eh? Il- Gvern jehodlok l-art privata tieghek, jaghtiha lil haddiehor biex jizviluppha hu, u int tibqa' ssaffar l- Aida. Dawn huma l-istess nies li kienu jghajjru lil Lorry Sant.
Korruzzjoni galore........kull fejn tmiss.
R. Cilia
Jul 26th 2012, 17:12
Quote 'According to a spokesman at the Land Ministry, expropriations are listed in the Government Gazette, the media and the local council where the land is located. unquote
So if I happen to have a piece of land, should I keep buying the Government Gazette just in case the government decides to expropriate my land? Tad-dahk kieku mhix tal-biki! Fejn se naslu?
D Vella
Jul 26th 2012, 15:08
Two questions:
When was the last time that particular piece of land was actually used for agricultural purposes on a regular and sustained basis?
What happened to the 'public purpose' which allows land to be expropriated? It is not legally permissible for land to be expropriated for a 'public purpose' then leased to third parties for profit making purposes . . .
GL Calleja
Jul 26th 2012, 18:08
" What happened to the 'public purpose' which allows land to be expropriated? " D Vella I am sure you will be thrilled if the government were to come over and expropriated your house or your land if you own any of these. I am sure you wouldn't object because it would be in the public interest. Get real. Don't be so free with somebody else's property and or possessions. Many times than not " Public purpose" is used to steal property from their owners.
B. Cachia
Jul 26th 2012, 15:08
And why exactly do we need more white elephant projects to be built with Government support in Malta? Smart City has become a sad joke and the City Gate project is an expensive eyesore that few are happy about. The money spent on the latter act of cultural vandalism would have enabled the Government to keep its election promise to cut taxes. Unfortunately, vanity took precedence over respect for one's word.
And what about the much vaunted real estate investment in Dar Malta, Brussels, made just a couple of years before the collapse of real estate markets around the world? Maybe the main promise in the next electoral programme should be "no more white elephants!"
Frederick Frendo
Jul 26th 2012, 14:59
the only option is to wait, same as everybody else is doing .
GL Calleja
Jul 26th 2012, 14:42
" “Why should someone be allowed to build a hotel and restaurant on my land?” The answer is very simple. It is because we are Maltese and we do as we please. This is not the first time that the government, PN or PL has taken away property ( confiscated) from their owners. I am still trying to get a property back taken away from my father in 1974 by the government. I am still waiting for this government to make amends and return this property to us. How about it Minister Said? Paroli Si, Fatti no? That kitchen talk seems to have been in vain? Pathetic!
John Scerri
Jul 26th 2012, 14:29
I remember a time when land under Rabat was planned for creation of a golf course and the owners were offered less than peanuts per tumolo.
I remember a time when fertile land was expropiated from their owners to created the runway extention at Luqa . Many of those owners have today passed away and their heirs are still without compensation.
If things are as is suspected for this family it is extremely disgraceful in this day and age.
pat muscat
Jul 26th 2012, 14:22
Mela anke GonziPN requisitions land? Fejn huma l-'holier than thou brigades' illum?
O Galea
Jul 27th 2012, 09:23
INDEED !
Mr Albert Dimech
Jul 26th 2012, 14:14
Xogħol, Ġustizzja u Liberta'?
Joe Fenech
Jul 26th 2012, 14:12
SPORTS VILLAGE?Aren't there enough pitches and sh..? You'de better allow space for people to exercise and breathe some fresh air you dodos!
C Cassar
Jul 26th 2012, 13:59
somehow I don't think this is the full story.
B. Cachia
Jul 26th 2012, 16:18
Well, the Ministry and MEPA spokespersons were apparently asked for their side of the story and provided it.
Jay Oatmon
Jul 26th 2012, 13:54
I think that expecting any Malta government to behave in an evenhanded and just manner is unrealistic.
We can see how they cling to power at all costs, and that is because they benefit hugely from the favours they receive for helping the wealthy developers and businesses.
Jay Oatmon
Jul 26th 2012, 13:34
Is this another example of high level corruption, we have seen with Mepa and the VAT etc?
JJ Agius
Jul 26th 2012, 13:32
Mother in law had some 40 tumoli of land that the lease expires in 35 years time.She recently died & we found out that some 20 Tumoli has been sold with threaths & there are a lot of fraud in the contracts.We were told the said notary is under investigation & away from the island.One piece was bought for Lm.18000 & sold for Lm300,000.00.When you sell a garage for say Lm.10,000.00 a Goverment inspector will check true value.
These part of lands were never inspected when sold.Who can one talk to to see justice can be done? One of the contracts required the Signature of her husband but still the sale went through!
J.J.
Noel Abela
Jul 26th 2012, 13:18
This is simply unbelievable!!
Family Aquilina, I wish you all the luck in order to get justice.
You look like you're determined! So keep fighting.
J Micallef
Jul 26th 2012, 13:16
"He admitted that the government intended involving a third party to develop the land, adding that this would generate new jobs and benefit the sports community and the public"
Generate new jobs??
Haven't we heard this before?
Maybe it'll generate the jobs for 3 security officers.
Adding insult to injury is an understatement.
Joseph Caruana
Jul 26th 2012, 13:15
Governments come and go, the same problem of stealing the poor to help the rich remains. We were land and property owners, overnight we lost everything to government. We still get these miserable cheques amounting to a fiver or a tenner for Palaces inhabited by people we don't know.
Governments are daylight robbers.
O Galea
Jul 26th 2012, 13:15
owners should be informed by legal letter if their land is going to be expropriated.
the system is totally underhanded and, in a nutshell, private property isn't really private at all.
shamefull.
J Micallef
Jul 26th 2012, 13:14
I can't believe this is still happening in the 21st century in Malta.
So - The Government wants a sports village? Perhaps it should ask the developers of Smart City to provide one?
Or maybe convert one of the many factory-cemetaries we have into a sports complex?
Mr F J Brincat
Jul 26th 2012, 13:13
" a ministry spokesman said there was nothing odd about the one-week period between the land being expropriated and development permits being issued."
First thing that Mr Bertrand Borg should have done is find a ministry spokesman that isn't a comedian. Or an idiot. Or much worse.
victor bonello
Jul 26th 2012, 13:08
are All Maltese going to become Olympic champions? If not mistaken the White rocks area too was mentioned as a sports village. Rather then Olympic champions however GonziPN treats us all like imbeciles. We shall all pretend we believe this prime sea front land will be given away for public use, like Smart city, and then it will be developed into some private hotel and flats..but we shall pretend we do not know this.
My question is, should there be a change of Government as I hope there shall be, will a new government have to endorse these abuses, or can these last minute permits be revoked?
D Vella
Jul 26th 2012, 16:04
Don't hold your breath Victor . . . if we have a new Government, in no time it will be busy inventing its own brand of abuses !
Johan Grech
Jul 26th 2012, 13:08
Hope you find justice.
All governments have used expropriation according to their personal needs, another gimmick by GonziPN administration.
B. Cachia
Jul 26th 2012, 13:06
Unfortunately, these expropriations continue to happen in Malta, and the injustices done in the past continue to be perpetuated and defended by those who once condemned them.
One of the criteria by which we judge governments should be respect for people's property. People have to be able to sleep at night knowing that no government is going to be allowed to ride roughshod over their rights. If people just say 'at least it didn't happen to me, so I don't mind' then who will defend them when their turn comes?
Stefan Enge
Jul 26th 2012, 13:04
simply disgusting! Prepare for a long battle.
Neville Cutajar
Jul 26th 2012, 13:00
I just wonder who the third party is ? Good luck Mrs. Aquilina you will need it with the Hyena's around you. It does not matter which party governs they all do it for their party or their own interests they do not do it for us. Otherwise things would be different.
Paul Gauci
Jul 26th 2012, 13:00
Solidarity with the Camenzuli's. If the land is going to be used to build a hotel then they should be given compensation at commericial rates and not agricultural rates.
The GonziPN government has reached new lows. They don't have to mention the illegalities committed by the Mintoff government in the 70s and 80s. They are repeating them themselves!!!
Fran Abela
Jul 26th 2012, 12:53
Mrs. Aquilina - could you have refused the offer ?
B. Cachia
Jul 26th 2012, 15:34
No, expropriation is compulsory, it is not merely an offer to purchase one's land or other property. Of course, one may take the Government to court, as has apparently been done.
G Schembri
Jul 26th 2012, 12:52
Mbaghad nghidu li Lorry Sant kien ihawwad. Egajuna lura ghat-80ijiet.
Charles Micallef
Jul 26th 2012, 12:52
the expropriation had been underhand from the start, how could you make such a statement in Malta? ha ha!!!
J. Tanti
Jul 26th 2012, 11:56
This expropriation law is being abused and the legitimate owners of land are being deprived of their rightful dues in the name of "public good" - which is often just a vote-catching exercise.
The right to own and enjoy one's property is a Human Right and should not be trampled upon so lightly. Shame on all governments - past, present and future - who have used, are using or plan to use such laws to the detriment of citizens!
Vera Sant Fournier
Jul 26th 2012, 11:32
Very similar to the story of the National bank of Malta take over....Hope you get justice...we have been seeking it for 40 years!!!!!
M Grima
Jul 26th 2012, 13:48
This is different because you actually signed for your shares to be handed over to the government. If you hadn't signed, the National Bank would have gone bankrupt due to liquidity problems and your shares would have been worth zero.
Vera Sant Fournier
Jul 26th 2012, 15:23
Some were forced to sign and threatened, others didn't give in the threats and didn't sign, the government started rumours regarding liquidity telling people to withdraw their funds ,the government did not allow the central bank to do its job and act as a lender of last resort, and the National bank of Malta takeover took place, it was all planned and schemed and the government makes millions off the shares to this day, not to mention the property and lands it took for the owners...The shares where not worth zero. The National and Tagliaferro Banks Act 1973 was passed. On the dark day 22nd March 1974 the Bank of Valletta took over business with Lm43 Million in Assets, 27 Branches and after 9 months, a miraculous Lm1 in profit. http://user.orbit.net.mt/fournier/MNhistory.htm
It's similar minus the threats to the family.
S Muscat
Jul 26th 2012, 10:35
Hekk irridu niggeneraw ix-xoghol billi niehdu propjeta ta' haddiehor. Ahjar nibdew niehdu hsieb ix-xoghol li ghandna!!!
Ronnie Callus
Jul 26th 2012, 10:28
Mhux din messu jara l-Gvern !! Imma l-propjeta li hawn ta' sidien mitlufa, u qed tinhadem minn nies li mghandhomx titlu fuqha u ma' jhallsu xejn. Il-Gvern messu din l-art tingabar fuq ismu u ta' l -inqas jigi mhallas minn dawk li qed jahdmuha jew juzawha ghal xi skop iehor biex b'hekk il-Gvern ( Il-poplu) jdahhal xi haga minnha, MHUX XEJN, u hekk tkun saret gustizzja ma' kulhadd.
Lina Caruana
Jul 26th 2012, 18:53
X'jigifieri mitlufa?
Ronnie Callus
Jul 26th 2012, 22:29
@ Lina Caruana:
Dawn kienu nies li kellhom art li kienet mikrija ( qbiela) fejn wara li mietu jew ma' kellhomx tfal u lanqas huthom, ma' kienux juru x'ghandhom u wara li jigu nieqsa l-bidwi li jkun jahdem l-art ma' jsibx lil min se' jkompli jhallas. Hawn raba/art li diga ilha hekk ghall aktar minn 30 sena. u aktar.
Patrick Zammit
Jul 26th 2012, 10:25
This is simply disgusting.
Is GonziPN happy with this situation? On a number of occasions, he has said that he takes public decisions guided by his Catholic conscience. Is it according to Catholic morals to expropriate land without informing the owner individually (hopping for the time limit to expire) and give it away to private business concerns?
Is it also according to Catholic morals to expropriate private land and together with other public land, give this away at a ground rent of less than what one kilo of peanuts is worth per one square meter to private concerns and justifying this by saying that it will create 5000 jobs in IT which can equally be taken up by foreigners or which can possibly never materialize in the first place?
Is it also according to Catholic morals to give prime public land worth millions to the same company for free which land is then bartered by the company in exchange for other public property?
John Attard
Jul 26th 2012, 12:29
I think youre living in cuckoo land.......why should Dr Gonzi of all times not be happy. He must be, he is investing in his own future now.......im just assuming at the back of my mind what the land will be used for and by whom......if you add one plus one you get 2, my friend.....and yes sometimes you vote for Gonzi and get Vassallo instead...its the way life is !
Charles Grixti
Jul 26th 2012, 13:42
Apparently it is. After all, the Catholic Church never saw anything wrong in expropriating lands from their rightful heirs in exchange for a promise of eternal life either. A very neat trick this as no one can come back and demand a refund.
Irene Forster
Jul 26th 2012, 10:20
"A ministry spokesman said there was nothing odd about the one-week period between the land being expropriated and development permits being issued." Without going into the merits of the article, is this spokesmen serious?
John Borg
Jul 26th 2012, 09:55
agricultural land? there is only some fodder, for which one gets 50 euros a year at most and plenty of weesds... hafur!
Lina Caruana
Jul 26th 2012, 10:38
Who are you to say that 50 euros worth of hafur is identical to a stretch of land. Have you any hafur growing land I will search for a piece to grow cabbages instead.
Joe Fenech
Jul 26th 2012, 14:14
Who cares? The point of the matter is that there is space and it is not to be built on!
David Hill
Jul 26th 2012, 14:23
Whay do you expedt?
The Government wont cultivate the land, and once its been taken by them the previous owners are not allowed to cultivate it, so how do you expect anything else to grow there?
R. Cilia
Jul 26th 2012, 14:33
John Borg so what if there is only fodder? It is still their land. Would you give it up without a fight if it was yours? May I remind you that an MP got Lm 70,000 for a stretch of land that was the size of a pavement in width. Miskin iz-zghir!
Mr Ernest Vella
Jul 26th 2012, 09:48
Propjeta privata li tkun ser tigi mehuda, il-gvern ghandu jinnotifika u jkellem lis-sidien mela jippublika l-permess fuq gazzetta.
Anne Farrugia
Jul 26th 2012, 11:00
Mr Vella, every government in Malta, has taken land from members of my family. There is no decent government on the island at all. They are all the same! They just take & you'd be lucky if you get a penny back.
Please choose the reason of your report below: