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Stòras Uibhist takes another crofter to court     2/5/10

 

 

 

 

Islanders on South Uist have been signing up to a petition urging the directors of the island estate to drop their controversial legal action against a local crofter.

 

Many locals are appalled that Stòras Uibhist is trying to take an apportionment off Murdo Mackenzie of Snishival. The community-owned body is pursuing the retired teacher through the Land Court. It is the latest legal battle the directors of the body is taking against its own community.

 

The contentcious case was first publicised by Hebrides News two years ago. The Stòras aims to grab the land off the crofter and argues it has never been under crofting tenure.

 

The dispute starts from July 2008 when the Crofters Commission granted Mr Mackenzie a quarter acre apportionment of common grazing by his croft and house off the main road. An abandoned derelict building sits in the middle of the disputed small parcel of ground.The building is known as an old mill but it also has a history as a district poorhouse.

 

The former owners of South Uist Estates did not oppose the application.  After a due diligence exercise, the community purchased the shareholding from the previous owners making a revamped South Uist Estates Ltd a parent company of  Stòras Uibhist. As the new landlord, it did not make any timely effort to appeal the decision. However after the deadline has passed it decided to try and grab the land back.

 

It is now paying expensive lawyers from the community coffers to have a belated shot at challenging the apportionment.

 

It is understood the disputed land is next to an apportionment owned by Angus Macmillan, chairman of Stòras Uibhist.

 

In December 2008, Mr Macmillan failed in his personal bid to get the council to throw out Mr Mackenzie’s planning application to site two polytunnels on the ground. Planning officials said that the development contributes to progressive crofting activities. Mr Mackenzie is a keen horticulturist and grows fruit and vegetables under the polythene.

 

The petition has been circulating in island shops but, given past experience, some feel it is unlikely to get the Stòras’ director to drop the action.

 

The land owner is still to fully resolve the Askernish golf course controversy which also involves the Land Court. Despite a perception at its recent EGM, the body has apparently not got all the village crofters to sign its grazings’ management  agreement. The case does not appear to have been settled.

 

Stòras Uibhist maintains Mr Mackenzie’s apportionment is on land which is not crofting land.  It says it has a duty to protect estate’s assets on behalf of the community.