A judicial review of Public Surveyor Wayne Callwood’s license suspension was delayed Friday when the judge recused himself. Like many in the territory, he’d previously hired Callwood.
The Virgin Islands Board of Architects, Engineers, and Land Surveyors found Callwood guilty of misconduct Jan. 15 for using another person’s name on his private surveys. Callwood said he had long partnered with engineer Francisco Nadal — using Nadal’s name on surveys to avoid the appearance of impropriety in approving his own survey work, according to hearing transcripts.
The board suspended Callwood’s and Nadal’s licenses for six months. Virgin Islands law classifies the deception as a misdemeanor but it was unclear if the Attorney General’s Office was considering these or other charges.
Both Callwood and Nadal asked for a judicial review of the suspension, claiming it would cause them unemployment. Although barred from private practice, Callwood was allowed to keep his $72,000 government job as the public surveyor because the administrative position did not require a license. Neither man appeared to have a business license, according to the Licensing and Consumer Affairs Department’s website.
The court agreed to review Nadal’s suspension but Callwood’s request was delayed.
In recusing himself from the review, Judge Pedro K. Williams said he and his clients had hired Callwood for his private law practice before joining the Superior Court Jan. 12.
He was not alone. A St. Croix-based title company employee said Callwood was able to take on an outsize portion of cadastral work in the territory by working faster and cheaper than other surveyors. Callwood provided surveys for roughly half of all the company’s recent land sales, they estimated. The surveys were often less detailed than other surveyors’ work, however.
Larry Best, who first brought allegations against Callwood, claimed to have found several Callwood-and-Nadal surveys that varied from previous surveys. At least one boundary was off by 30 feet, he said.
Best had long complained that the cadastral office, and Callwood personally, purposefully delayed recording his surveys and very likely put Callwood’s own at the front of the line.
He was not alone. An estate-planning attorney said she’d been waiting up to six weeks for the cadastral office to record basic documents. She said Callwood had not responded to multiple messages.
Callwood also did not respond to several calls seeking comment for this article. His outgoing message indicated a full voicemail box.
Bankers, lawyers, insurers, and property purchasers and sellers depend on title companies to guarantee many aspects of a real estate deal. Title companies also use surveys to ensure each parcel sold had legal access — whether it abuts a public roadway or had an easement through another property.
Callwood, the public surveyor since 2009, was a key witness in a 2019 land dispute regarding access to property on St. Croix. Callwood interpreted several maps to find a 30-foot right of way, he testified.
A title company owner who asked not to be named in this article said an informal group of like-minded people in the industry had agreed not to accept Callwood’s surveys while his license was suspended. This could cause a slowdown in real estate sales and other industries depending on recording of surveys.
At his hearing before the cadastral board, Callwood said he had received permission from Government House to conduct private surveys that ultimately he would approve himself. Representatives of Gov. Albert Bryan Jr., Lt. Gov. Tregenza Roach, and the Licensing and Consumer Affairs Department did not respond to multiple requests for comment.
