Resident complains of ‘highway robbery’ and refuses to pay tax
A fed-up homeowner is refusing to pay land tax, claiming she is a victim of “highway robbery” after being forced to take matters into her own hands and clean her road.
For the past 2½ years since a street sweeper stopped attending, Janice Battersbee says she has cleared trash on Gilbert Lane, Sandys — where she has lived for more than 25 years.
However, she has now had enough of her charity being unappreciated and has returned her land tax bill, unopened, to the Office of the Tax Commissioner with a letter that outlined her complaints.
Ms Battersbee also hand-delivered a copy of the letter to the Ministry of Finance.
The 59-year-old said: “I am a loyal taxpayer.
“This will be the first time I have not paid a bill. Someone has to take a stance and I will refuse to pay until I have a resolution, even if they take me to court.”
Ms Battersbee has lived at her home since 1997 when she contacted the Department of Works and Engineering about various issues on Gilbert Lane and nearby Royal Naval Field, later renamed the Warren Simmons Community Field.
They included an uneven surface owing to tree roots, flooding after hard rain, a dangerous junction, problems with a fence, and tree growth.
She said the department responded and carried out improvement works, including resurfacing, which were “greatly appreciated”.
In August 2017, she wrote again about problems — this time with casuarinas bordering her property as well as motocross bikes using the field. Both complaints were dealt with, but since then trees have regrown “uncontrolled”, she said.
According to Ms Battersbee, there had been regular street clean-ups carried out by the works and engineering department, including a sweeper truck that would attend the area weekly.
She added that about 2½ years ago she noted that “the cleaning of the street was no longer taking place”.
In her letter, she added: “The state of the road was beyond horrible ... ”
• Weeds growing on the outside of the fencing of Somerset Primary School to the point where they became bushes with branches extending one or two feet into the road
• Cedar trees that were planted on the Somerset Primary School field, the branches of which were extending over the fence into the street and being hit by trucks
• Grass from the field extending into the street
• Leaves from all the trees bordering the street from the Warren Simmons Community Field, as it is now known, and Somerset Primary School falling into the road, creating a two-foot border on one side and a three-foot border on the other, causing pedestrians to walk in the middle of the road, putting them in harm’s way from motorists and even creating an obstruction for motorists in cars attempting to pass one another on an already narrow street
• Berries dropping from the trees near the junction of Gilbert Lane and School Lane, which create a slippery surface for motorists to negotiate
• A return to the build-up of leaves under the ficus on the field, causing mosquitoes and rats to accumulate
• Given the right wind direction — usually out of the east or southeast — the leaves end up in her yard and, she added, “… sometimes at my front door and that of my tenant”
In her letter to the tax office, Ms Battersbee wrote: “On Saturday, April 9, 2022, I resolved to clear the streets of the debris. This resulted in a five-hour job with 30 to 45-gallon-sized trash can loads which I disposed of on my property.
“Having resolved to never have that build up on my street again, this has become a weekly job for me.”
The letter added: “My understanding is that the highways department is responsible for the regular maintenance of our public roads.
“I am also of the understanding that my street sign indicates that Gilbert Lane is somewhat of a secondary public road, hence the necessity of keeping it clean and safe.”
In the letter, she said, she had raised the issue over the past seven years with several government departments, as well as other local organisations, the police and One Bermuda Alliance candidates.
After Hurricane Ernesto, she said she spent seven hours collecting 28 trash cans of leaves “only to spend five hours collecting 20 more trash cans the following weekend”.
“The reason for my taking the time and effort to explain the preceding is to provide evidence and my reasoning for the return of the attached unopened land tax bill,” she wrote.
“Due to the numerous unsuccessful attempts at a resolution of this matter by the responsible parties and my having to resort to cleaning Gilbert Lane myself, I will no longer be paying this tax until proven regular cleaning of the street has resumed.
“As I am paying taxes on a service that I am doing myself, I consider this a denial of services [highway robbery … pun intended] and I will withhold this tax until I am satisfied that the matter has been successfully dealt with.”
Questions were sent to the Ministry of Public Works and the Ministry of Finance on Tuesday afternoon.
Last night, a Public Works Ministry spokeswoman said the ministry acknowledged Ms Battersbee’s concerns and had been in contact with her.
The spokeswoman said: “We understand that the large tree on Gilbert Lane is causing difficulties, particularly with the accumulation of foliage, which is impacting the maintenance of the road.
“The ministry is working on addressing the issue and is committed to finding a resolution as quickly as possible, as we work to ensure the safety and accessibility of the community.”
• To read Janice Battersbee’s letter in full, see Related Media
• Do you have a view on this? E-mail letters@royalgazette.com
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