§ 422. Payment of amount awarded in excess of deposit; interest; effect of judgment on appeal on recovery of interest; appropriations
(a) In any judgment rendered in a condemnation proceeding instituted under the provisions of this chapter by the Government of the United States Virgin Islands directly or on its behalf by any department, agency, bureau or instrumentality of the Government of the United States Virgin Islands, or any officer thereof, in which the amount determined […]
§ 412a. Environmental covenant
An environmental covenant executed pursuant to title 28 Virgin Islands Code, chapter 18 may not be extinguished, limited or impaired by the exercise of eminent domain.
§ 413. Private property which may be taken
The private property which may be taken under this chapter includes: (1) All real property belonging to any person. (2) Lands belonging to the Government of the United States Virgin Islands or any governmental division, whether incorporated or unincorporated, not appropriated to some public use. (3) Property appropriated to public use; but such property shall […]
§ 414. Requirements for taking
Before property can be taken it must appear— (1) that the use to which it is to be applied is a use authorized by law; (2) if already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use; and (3) that the taking […]
§ 415. Survey, location, and entry on land; possession pending proceedings; damages for dismissal, no award, or abandonment
(a) In all cases where land is required for public use the government, or its agents in charge of such use, may survey and locate the same, but it shall be located in the manner which will be most compatible with the greatest public good and the least private injury, and subject to the provisions […]
§ 416. Condemnation actions; jurisdiction and procedure
(a) All actions for condemnation of property under this chapter shall be brought in the district court. (b) Except as provided in this chapter, the procedure in such actions is governed by Rule 71A of the Federal Rules of Civil Procedure.
§ 417. Determination of right to condemn and other issues
The court has power to— (1) regulate and determine the place and manner of making the connections and crossings and enjoying the common uses mentioned in subdivision (5) of section 413 of this title; (2) determine whether or not the use for which the property is sought to be appropriated is a public use within […]
§ 418. Just compensation; appointment of commission; powers, proceedings; court action
(a) If the court is satisfied that the public interests require the taking of the property, it shall make an order appointing a commission of three competent persons resident in the Virgin Islands to determine the issue of just compensation, and fixing their compensation, if— (1) any party files a demand for trial by commission […]
§ 419. Rules for determination of just compensation
The following rules shall be followed in the determination and assessment of just compensation: (1) The value of the property sought to be appropriated and all improvements thereon, pertaining to the realty and each and every separate estate and interest therein shall be assessed. If it consists of different parcels, the value of each parcel […]
§ 420. Possession before final judgment; deposit
At any time after the report and assessment of damages of the commissioners has been made and filed in the court, and either before or after the hearing of objections to or appeal from the assessment or from any other order or judgment in the proceedings, the court at chambers, upon application of the plaintiff, […]