Title 28 — Property
25 chapters · 384 sections in this title.
28 V.I.C. § 411 Public uses
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(1) Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses:(1) All public uses authorized by Congress or the Legislature of the Virgin Islands.(2) Public buildings and grounds for the use of the Government of…
28 V.I.C. § 412 Estates and rights subject to be taken
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(1) The following is a classification of the estates and rights in lands subject to be taken for public use:(1) A fee simple, when taken for public buildings or grounds or for permanent buildings, for reservoirs and dams, and permanent floodings thereby.(2) An easement when taken…
28 V.I.C. § 412a Environmental covenant
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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.
28 V.I.C. § 413 Private property which may be taken
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(1) 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 t…
28 V.I.C. § 414 Requirements for taking
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(1) 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 is nece…
28 V.I.C. § 415 Survey, location, and entry on land; possession pending proceedings; damages for dismissal, no award, or abandonment
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(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 …
28 V.I.C. § 416 Condemnation actions; jurisdiction and procedure
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(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 71.1 of the Federal Rules of Civil Procedure.
28 V.I.C. § 417 Determination of right to condemn and other issues
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(1) 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 ap…
28 V.I.C. § 418 Just compensation; appointment of commission; powers, proceedings; court action
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(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) …
28 V.I.C. § 419 Rules for determination of just compensation
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(1) 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 asses…
28 V.I.C. § 420 Possession before final judgment; deposit
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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, u…
28 V.I.C. § 421 Taking of possession and title in advance of final judgment
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Declaration of taking, deposit, and judgment Declaration of taking, deposit, and judgment (a) Notwithstanding the provisions of sections 415 or 420 of this chapter, in any proceeding heretofore or hereafter instituted in Superior Court of the Virgin Islands for the condemnation o…
28 V.I.C. § 422 Payment of amount awarded in excess of deposit; interest; effect of judgment on appeal on recovery of interest; appropriations
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(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 Vi…