WILLEMSTAD – Member of Parliament Frenciss “Renny” Lourens of the political party MFK is calling on the government to explain whether Curaçao’s current legal framework for land expropriation is still adequate to address modern challenges involving infrastructure, housing development, economic projects, and public access to beaches.
In a detailed set of parliamentary questions addressed to Minister of Traffic, Transport and Urban Planning Charles Cooper, Lourens argues that the island is facing growing tension between private property rights and the public interest. According to the MP, Curaçao’s limited geographic space and fragmented land ownership structure increasingly complicate efforts to develop roads, neighborhoods, utilities, and other public projects.
Lourens emphasizes that expropriation should not be viewed as a routine policy instrument, but rather as a last resort anchored in Curaçao’s constitutional framework. However, he states that without the possibility of expropriation, the government could struggle to complete essential projects when voluntary land acquisition fails.
The MP points out that expropriation powers are grounded in Article 16 of Curaçao’s Constitution and can only be applied in cases of public interest, based on legislation and with adequate compensation for property owners. He also references European human rights protections requiring a fair balance between public interest and individual property rights.
One of the major issues highlighted in the parliamentary questions is public access to beaches. Lourens notes that concerns continue to emerge about situations where access roads to public beaches are located on private property and owners impose conditions or fees for entry. He questions whether the government believes public accessibility to Curaçao’s beaches is sufficiently guaranteed under current laws.
The MP further asks how the government evaluates situations in which private landowners charge fees for access to beaches and whether such practices are compatible with the public nature of coastal areas. He also wants to know which legal instruments the government can use to secure public access, including rights of way, public easements, or expropriation when necessary.
Lourens additionally questions whether Curaçao’s current expropriation legislation, much of which dates back to regulations inherited from the former Netherlands Antilles, still matches present-day urban, social, and economic realities. He asks the government whether it is willing to modernize the legal framework through updated legislation regulating land acquisition, expropriation procedures, and public access to strategic areas.
The parliamentarian also seeks clarification on how often the government has actually used expropriation over the past decade, for which projects it was applied, and what legal, administrative, or financial obstacles authorities encounter when trying to acquire land for public purposes.
According to Lourens, the issue is not only legal but also economic. He warns that without clear and effective expropriation mechanisms, governments can become vulnerable to excessive land prices or strategic behavior from landowners that may delay projects considered essential for the broader public.