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St. Maarten vicepresident to inform Ombudsman regarding Kadaster report


PHILIPSBURG–Minister of Infrastructure William Marlin met with Ombudsman Nilda Arduin on March 19 to discuss the Ombudsman’s report regarding the operations at the Kadaster and its mortgage registry. Legal representatives for both the Minister and the Onbudsman were present, according to a press release from the Ombudsman issued on Monday.

In December 2010, the Ombudsman started an investigation (on her own initiative) as a result of concerns about two excerpts about a property registered at the Kadaster which were widely discussed by the public.

When the preliminary findings of the investigation communicated to the Supervisory Board of the Foundation Cadaster & Mortgage Registry yielded no action from the Supervisory Board, the Ombudsman continued the investigation, resulting in a report with recommendations to the Minister of VROMI, to whom the Supervisory Board is obligated to give account pursuant to the law.

The issues signalled and addressed by the Ombudsman were, among other points, the manner in which the registration and control of the public registry at the Kadaster is being maintained; the link between the application system “Kadsys” and the registration of information in the Public Registers as provided for by law; lack of clarity whether the system meets the requirements stated in article 3:16 of the Civil Code and the National Ordinance Public Registers; lack of cooperation by the Kadaster to provide documents outlining work procedures and control mechanism of its operations; the application of the regulations of the Corporate Governance Code.

The Minister was requested to inform the Ombudsman what measures were taken in the interest of the citizens to ensure that Kadaster carried out its tasks given by law accurately, and the control thereof was guaranteed.

Further, the Ombudsman recommended that an investigation was to be carried out as soon as possible on the fairness of the tariffs and reimbursement system of the Kadaster. Finally the Minister was recommended to initiate actions to fill any “gaps” in the law regarding the Public Registers.

In the March 19 meeting, it was established that a delay in the follow up on this matter has been partly the result of parties involved not being fully aware of the scope of authority of the Ombudsman, which is a new institution provided for in the Constitution, as well as legal advice being delayed on the report.

The outcome of the discussions is that the Minister will inform the Ombudsman within two (2) weeks in writing, what his position and conclusions are with regard to the recommendations provided in the Kadaster Report.

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