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	<title>Comments for Livin' on St. Croix</title>
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	<link>http://stcroixblog.massagestcroix.com</link>
	<description>Island news and reviews, a residential perspective</description>
	<pubDate>Tue, 06 Jan 2009 08:20:20 +0000</pubDate>
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		<title>Comment on Finally! by Terry</title>
		<link>http://stcroixblog.massagestcroix.com/virgin-islands/st-croix/finally/937#comment-2514</link>
		<dc:creator>Terry</dc:creator>
		<pubDate>Mon, 05 Jan 2009 23:39:23 +0000</pubDate>
		<guid isPermaLink="false">http://stcroixblog.massagestcroix.com/?p=937#comment-2514</guid>
		<description>He needs a lot of things. I think he just needs to go back to Jersey, or some other place far far away.</description>
		<content:encoded><![CDATA[<p>He needs a lot of things. I think he just needs to go back to Jersey, or some other place far far away.</p>
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		<title>Comment on Finally! by Scott</title>
		<link>http://stcroixblog.massagestcroix.com/virgin-islands/st-croix/finally/937#comment-2512</link>
		<dc:creator>Scott</dc:creator>
		<pubDate>Mon, 05 Jan 2009 18:17:34 +0000</pubDate>
		<guid isPermaLink="false">http://stcroixblog.massagestcroix.com/?p=937#comment-2512</guid>
		<description>Well then. Thanks for informing me of his lack of clear legal ownership. I was under the impression he owned the land.  I'm going to guess there is an adverse posession claim being made by the standard SEA lawyer on behalf of some group but I could be wrong.    And yes he should follow whatever rules and laws are in place.    Guess he needs a better lawyer!</description>
		<content:encoded><![CDATA[<p>Well then. Thanks for informing me of his lack of clear legal ownership. I was under the impression he owned the land.  I&#8217;m going to guess there is an adverse posession claim being made by the standard SEA lawyer on behalf of some group but I could be wrong.    And yes he should follow whatever rules and laws are in place.    Guess he needs a better lawyer!</p>
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		<title>Comment on Finally! by Michael</title>
		<link>http://stcroixblog.massagestcroix.com/virgin-islands/st-croix/finally/937#comment-2511</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Mon, 05 Jan 2009 16:14:56 +0000</pubDate>
		<guid isPermaLink="false">http://stcroixblog.massagestcroix.com/?p=937#comment-2511</guid>
		<description>Hi Scott. As we've explained before, this is not a cut and dry private property rights issue. Nor is it an "assault on private property rights". 

First of all:

IF&lt;ul&gt;&lt;li&gt;Mr. Golden owned the property outright, without any disputes or encumbrances (which he doesn't, there is a court case pending)&lt;/li&gt;
&lt;li&gt;Mr. Golden had a valid CZM permit (which he doesn't, despite his many claims to the contrary. The courts have remanded the issue back to the CZM staff and committee for findings of fact. Mr. Golden has appealed this portion of the court decision. Until either CZM reviews the permit application for findings of fact and approves it, or the appeals court upholds Mr. Golden's appeal, the permit is not valid and actionable, and Mr. Golden has no right or authority to construct or demolish anything on the property)&lt;/li&gt;
&lt;li&gt;Mr. Golden obtained a demolition permit from DPNR (which he didn't)&lt;/li&gt;
&lt;li&gt;Mr. Golden's insurance company denied his renewal based on "factual" evidence of dangerous structures on the property (which is suspect. How would the insurance company know there were "damaged" and "unsafe" structures on the property unless he told them? We know for a fact Mr. Golden lied to the local press and public about the condition of the structures, about setting aside items of value for the owners to reclaim, and about using the bulldozer to "clean up the scattered building bits into neat little piles" - there is substantial photographic evidence as well as the testimony of a dozen or more credible witnesses. On what basis should we trust his claims to, or about, the insurance company?)&lt;/li&gt;&lt;/ul&gt;

THEN, and only then, would he have the right and authority to raze the structures.

Secondly, private property rights do not supersede all other laws, rules and rights. As a property owner, one does not have "the right ...  to do what he wants with it". For example: You live somewhere near the Great Pond (I don't know if you rent or own, but its immaterial). Let's say your next-door neighbor owns his property, out-right, one hundred percent, no mortgage, no liens, no adverse claims, no encumbrances. He decides one day to store nuclear waste products in his back yard. Brings in a back-hoe, digs a big hole and starts tumbling barrels with "Hazardous Materials" and "Radioactive Waste" labels all over them into the pit. Do you call the authorities? Alert the press? If one of your other neighbors calls the police or EPA is that an "assault on private property rights"! I realize this is an extreme example, but apparently, even after multiple sound and reasonable explanations, some people still don't get it. Sometimes a little exaggeration is required to get the point across. 

Furthermore, your hypothetical neighbor could not drill for oil, mine for gold, or build a reservoir to dam up the water. Despite private property rights, most jurisdictions reserve water and mineral rights, for themselves or to sell or lease those separately. In the Virgin Islands the government, in a rare display of wisdom, designated the shorelines as an environmental resource, to be preserved and protected for the use and enjoyment of the people of the Virgin Islands. They therefore enacted specific laws and rules governing what private property owners could and couldn't do on their shoreline properties and how those activities could be carried out. They also designated less than 2 dozen particular places among the three islands, that needed even more specialized attention than the rest of the shorelines. Great Pond is one of those areas. 

So Mr. Golden may, or may not, own the property, but even if he does, he can't do whatever he wants whenever he wants however he wants. He needs to follow the rules. He has shown a great propensity, in this project as well as previous activities in his life, to not follow the rules. The reason we are raising a fuss about this is not to "assault" his private property rights, nor because this is "a project or person no one wants", but because it is yet another example, among many, of Mr. Golden ignoring or knowingly violating the rules. And if he can't be trusted to follow the rules on something as simple as dismantling some beach shanties, how can we trust him to operate a casino legally and above board, or to adequately protect the environmental resources of the Great Pond and Great Pond Bay from the devastating effects of golf course run-off?

You want a little fairness? So do I. I don't think it's unfair to expect the authorities to do their jobs, enforce our laws, and to protect our natural resources and our community from unscrupulous developers and con men.</description>
		<content:encoded><![CDATA[<p>Hi Scott. As we&#8217;ve explained before, this is not a cut and dry private property rights issue. Nor is it an &#8220;assault on private property rights&#8221;. </p>
<p>First of all:</p>
<p>IF
<ul>
<li>Mr. Golden owned the property outright, without any disputes or encumbrances (which he doesn&#8217;t, there is a court case pending)</li>
<li>Mr. Golden had a valid CZM permit (which he doesn&#8217;t, despite his many claims to the contrary. The courts have remanded the issue back to the CZM staff and committee for findings of fact. Mr. Golden has appealed this portion of the court decision. Until either CZM reviews the permit application for findings of fact and approves it, or the appeals court upholds Mr. Golden&#8217;s appeal, the permit is not valid and actionable, and Mr. Golden has no right or authority to construct or demolish anything on the property)</li>
<li>Mr. Golden obtained a demolition permit from DPNR (which he didn&#8217;t)</li>
<li>Mr. Golden&#8217;s insurance company denied his renewal based on &#8220;factual&#8221; evidence of dangerous structures on the property (which is suspect. How would the insurance company know there were &#8220;damaged&#8221; and &#8220;unsafe&#8221; structures on the property unless he told them? We know for a fact Mr. Golden lied to the local press and public about the condition of the structures, about setting aside items of value for the owners to reclaim, and about using the bulldozer to &#8220;clean up the scattered building bits into neat little piles&#8221; - there is substantial photographic evidence as well as the testimony of a dozen or more credible witnesses. On what basis should we trust his claims to, or about, the insurance company?)</li>
</ul>
<p>THEN, and only then, would he have the right and authority to raze the structures.</p>
<p>Secondly, private property rights do not supersede all other laws, rules and rights. As a property owner, one does not have &#8220;the right &#8230;  to do what he wants with it&#8221;. For example: You live somewhere near the Great Pond (I don&#8217;t know if you rent or own, but its immaterial). Let&#8217;s say your next-door neighbor owns his property, out-right, one hundred percent, no mortgage, no liens, no adverse claims, no encumbrances. He decides one day to store nuclear waste products in his back yard. Brings in a back-hoe, digs a big hole and starts tumbling barrels with &#8220;Hazardous Materials&#8221; and &#8220;Radioactive Waste&#8221; labels all over them into the pit. Do you call the authorities? Alert the press? If one of your other neighbors calls the police or EPA is that an &#8220;assault on private property rights&#8221;! I realize this is an extreme example, but apparently, even after multiple sound and reasonable explanations, some people still don&#8217;t get it. Sometimes a little exaggeration is required to get the point across. </p>
<p>Furthermore, your hypothetical neighbor could not drill for oil, mine for gold, or build a reservoir to dam up the water. Despite private property rights, most jurisdictions reserve water and mineral rights, for themselves or to sell or lease those separately. In the Virgin Islands the government, in a rare display of wisdom, designated the shorelines as an environmental resource, to be preserved and protected for the use and enjoyment of the people of the Virgin Islands. They therefore enacted specific laws and rules governing what private property owners could and couldn&#8217;t do on their shoreline properties and how those activities could be carried out. They also designated less than 2 dozen particular places among the three islands, that needed even more specialized attention than the rest of the shorelines. Great Pond is one of those areas. </p>
<p>So Mr. Golden may, or may not, own the property, but even if he does, he can&#8217;t do whatever he wants whenever he wants however he wants. He needs to follow the rules. He has shown a great propensity, in this project as well as previous activities in his life, to not follow the rules. The reason we are raising a fuss about this is not to &#8220;assault&#8221; his private property rights, nor because this is &#8220;a project or person no one wants&#8221;, but because it is yet another example, among many, of Mr. Golden ignoring or knowingly violating the rules. And if he can&#8217;t be trusted to follow the rules on something as simple as dismantling some beach shanties, how can we trust him to operate a casino legally and above board, or to adequately protect the environmental resources of the Great Pond and Great Pond Bay from the devastating effects of golf course run-off?</p>
<p>You want a little fairness? So do I. I don&#8217;t think it&#8217;s unfair to expect the authorities to do their jobs, enforce our laws, and to protect our natural resources and our community from unscrupulous developers and con men.</p>
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		<title>Comment on On the Bright Side by Trudi Gilliam</title>
		<link>http://stcroixblog.massagestcroix.com/virgin-islands/st-croix/on-the-bright-side/962#comment-2510</link>
		<dc:creator>Trudi Gilliam</dc:creator>
		<pubDate>Mon, 05 Jan 2009 15:33:11 +0000</pubDate>
		<guid isPermaLink="false">http://stcroixblog.massagestcroix.com/?p=962#comment-2510</guid>
		<description>Yea baby, it was disco mania in the late 70's and early 80's, David Kendrick ran The Grand Stand, people would travel between there and Baily's Beach on Company Street, across from The Luncheria, to dance til the wee hours.  Crowds would hang out on the corner of King and Queen Cross St..  and you could get a late night cap across the street at the Moonraker where there was always  acoustic guitar.  In the early 70's, there was a nightclub in that burned out building where the paid parking lot is on Strand Street, from there, one could go down to the Holger Dansk to listen to music, too.  That parking lot was an empty lot of jungle, as a matter of fact, a real tall dude nicknamed Jungle lived on that property in a tree house!  Them was the days...</description>
		<content:encoded><![CDATA[<p>Yea baby, it was disco mania in the late 70&#8217;s and early 80&#8217;s, David Kendrick ran The Grand Stand, people would travel between there and Baily&#8217;s Beach on Company Street, across from The Luncheria, to dance til the wee hours.  Crowds would hang out on the corner of King and Queen Cross St..  and you could get a late night cap across the street at the Moonraker where there was always  acoustic guitar.  In the early 70&#8217;s, there was a nightclub in that burned out building where the paid parking lot is on Strand Street, from there, one could go down to the Holger Dansk to listen to music, too.  That parking lot was an empty lot of jungle, as a matter of fact, a real tall dude nicknamed Jungle lived on that property in a tree house!  Them was the days&#8230;</p>
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		<title>Comment on On the Bright Side by Terry</title>
		<link>http://stcroixblog.massagestcroix.com/virgin-islands/st-croix/on-the-bright-side/962#comment-2509</link>
		<dc:creator>Terry</dc:creator>
		<pubDate>Mon, 05 Jan 2009 13:04:24 +0000</pubDate>
		<guid isPermaLink="false">http://stcroixblog.massagestcroix.com/?p=962#comment-2509</guid>
		<description>Wow, Trudi, I guess C'sted was a happenin' place back then! 

The first time I visited STX was in early 1988, but I stayed with a friend out east and didn't really go into town. 

I'm thinking that after the hurricanes, the ridiculously high insurance rates and with our "selective law enforcement", people are less willing to go through all the trouble and risk of opening new businesses here.

Thank goodness there are adventurous souls like Gregory and Arthur!</description>
		<content:encoded><![CDATA[<p>Wow, Trudi, I guess C&#8217;sted was a happenin&#8217; place back then! </p>
<p>The first time I visited STX was in early 1988, but I stayed with a friend out east and didn&#8217;t really go into town. </p>
<p>I&#8217;m thinking that after the hurricanes, the ridiculously high insurance rates and with our &#8220;selective law enforcement&#8221;, people are less willing to go through all the trouble and risk of opening new businesses here.</p>
<p>Thank goodness there are adventurous souls like Gregory and Arthur!</p>
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		<title>Comment on Finally! by Terry</title>
		<link>http://stcroixblog.massagestcroix.com/virgin-islands/st-croix/finally/937#comment-2508</link>
		<dc:creator>Terry</dc:creator>
		<pubDate>Mon, 05 Jan 2009 12:48:05 +0000</pubDate>
		<guid isPermaLink="false">http://stcroixblog.massagestcroix.com/?p=937#comment-2508</guid>
		<description>Hey, Scott, thanks for reading. Please read my response to Chad above, and Michael's detailed response to Brad in the previous post.

SEA had to jump through MAJOR hoops to demolish old shacks on their Southgate property, ownership of which is not under dispute, like Paul Golden's is. 

The law says what the law says, and it needs to be adhered to equally by all and enforced when it is broken.

Cheese and bread, why is this so hard to understand?</description>
		<content:encoded><![CDATA[<p>Hey, Scott, thanks for reading. Please read my response to Chad above, and Michael&#8217;s detailed response to Brad in the previous post.</p>
<p>SEA had to jump through MAJOR hoops to demolish old shacks on their Southgate property, ownership of which is not under dispute, like Paul Golden&#8217;s is. </p>
<p>The law says what the law says, and it needs to be adhered to equally by all and enforced when it is broken.</p>
<p>Cheese and bread, why is this so hard to understand?</p>
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		<title>Comment on Finally! by Scott</title>
		<link>http://stcroixblog.massagestcroix.com/virgin-islands/st-croix/finally/937#comment-2507</link>
		<dc:creator>Scott</dc:creator>
		<pubDate>Sun, 04 Jan 2009 17:57:46 +0000</pubDate>
		<guid isPermaLink="false">http://stcroixblog.massagestcroix.com/?p=937#comment-2507</guid>
		<description>While I am not a fan of Mr. Golden's proposed development (i can see the land from my home and know how unsuitable it is for a resort), I am however, baffled by this assault on private property rights.    He owns the property, his insurance company would not renew without these structures being removed... why is there even a discussion over this other than to further taint a project and person no one wants?  Why are his rights as property owner not being protected?   I'm sure he would have been sued in our plaintiff's paradise very quickly if there was any sort of accident by trespassers on his property.   Why demonize Golden for removing what his insurance company deemed a liability waiting to happen?   This is his property and these structures were on his property.   He has the right as property owner to do what he wants with it.   Obviously, it was a bad PR move for him to raze the structures without taking the time and effort to notify the public of his intent to do just that, but he may not have had a choice given the liability issue at hand.    Cheese and bread, lets be at least a little fair here.</description>
		<content:encoded><![CDATA[<p>While I am not a fan of Mr. Golden&#8217;s proposed development (i can see the land from my home and know how unsuitable it is for a resort), I am however, baffled by this assault on private property rights.    He owns the property, his insurance company would not renew without these structures being removed&#8230; why is there even a discussion over this other than to further taint a project and person no one wants?  Why are his rights as property owner not being protected?   I&#8217;m sure he would have been sued in our plaintiff&#8217;s paradise very quickly if there was any sort of accident by trespassers on his property.   Why demonize Golden for removing what his insurance company deemed a liability waiting to happen?   This is his property and these structures were on his property.   He has the right as property owner to do what he wants with it.   Obviously, it was a bad PR move for him to raze the structures without taking the time and effort to notify the public of his intent to do just that, but he may not have had a choice given the liability issue at hand.    Cheese and bread, lets be at least a little fair here.</p>
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		<title>Comment on On the Bright Side by Trudi Gilliam</title>
		<link>http://stcroixblog.massagestcroix.com/virgin-islands/st-croix/on-the-bright-side/962#comment-2506</link>
		<dc:creator>Trudi Gilliam</dc:creator>
		<pubDate>Sun, 04 Jan 2009 17:49:36 +0000</pubDate>
		<guid isPermaLink="false">http://stcroixblog.massagestcroix.com/?p=962#comment-2506</guid>
		<description>Grreat news that the space where Pizza Hut occupied will once again be a restaurant.  That length of street got pretty dark and quiet after Hugo... I have always believed that the more night time activities there are around C'sted, the more people will start coming into town after hours.  Do you remember when Queen Cross St. had Franks,  across the street was Eccentric Egret, then it became Kendrick's, The Tivolli was on street level, and Kings Alley Cafe was busy, and the Comanche Restaurant was the place to go?  There was The Grand Stand, Pentheny Pub, and Bailey's Beach nightclub, just to name a few... It just made night time in C'sted fun, and it felt safe.   I hope the new owners succeed beyond their wildest dreams and that more restaurants and clubs move into town.</description>
		<content:encoded><![CDATA[<p>Grreat news that the space where Pizza Hut occupied will once again be a restaurant.  That length of street got pretty dark and quiet after Hugo&#8230; I have always believed that the more night time activities there are around C&#8217;sted, the more people will start coming into town after hours.  Do you remember when Queen Cross St. had Franks,  across the street was Eccentric Egret, then it became Kendrick&#8217;s, The Tivolli was on street level, and Kings Alley Cafe was busy, and the Comanche Restaurant was the place to go?  There was The Grand Stand, Pentheny Pub, and Bailey&#8217;s Beach nightclub, just to name a few&#8230; It just made night time in C&#8217;sted fun, and it felt safe.   I hope the new owners succeed beyond their wildest dreams and that more restaurants and clubs move into town.</p>
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		<title>Comment on Don&#8217;t Go There! by BEL</title>
		<link>http://stcroixblog.massagestcroix.com/virgin-islands/st-croix/dont-go-there/955#comment-2505</link>
		<dc:creator>BEL</dc:creator>
		<pubDate>Sat, 03 Jan 2009 21:28:00 +0000</pubDate>
		<guid isPermaLink="false">http://stcroixblog.massagestcroix.com/?p=955#comment-2505</guid>
		<description>Thanks for the update!  I love trying new places but don't want to support anyone that treated someone I like so much like that!</description>
		<content:encoded><![CDATA[<p>Thanks for the update!  I love trying new places but don&#8217;t want to support anyone that treated someone I like so much like that!</p>
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		<title>Comment on Don&#8217;t Go There! by Terry</title>
		<link>http://stcroixblog.massagestcroix.com/virgin-islands/st-croix/dont-go-there/955#comment-2503</link>
		<dc:creator>Terry</dc:creator>
		<pubDate>Thu, 01 Jan 2009 20:17:05 +0000</pubDate>
		<guid isPermaLink="false">http://stcroixblog.massagestcroix.com/?p=955#comment-2503</guid>
		<description>Wreg - you're right, it's a small island. Sometimes I get impatient with how long it takes, though.

Bonnie -  I wrestled with myself about posting this, but that article was just too glowing. I thought a different perspective was needed.

Hey Papi - Yassou to you, too!</description>
		<content:encoded><![CDATA[<p>Wreg - you&#8217;re right, it&#8217;s a small island. Sometimes I get impatient with how long it takes, though.</p>
<p>Bonnie -  I wrestled with myself about posting this, but that article was just too glowing. I thought a different perspective was needed.</p>
<p>Hey Papi - Yassou to you, too!</p>
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