Title 28 — Property
25 chapters · 384 sections in this title.
28 V.I.C. § 392 Registry; substitute notice
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(a) The Department of Planning and Natural Resources shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and t…
28 V.I.C. § 393 Uniformity of application and construction
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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
28 V.I.C. § 394 Relation to Electronic Signatures in Global and National Commerce
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This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 701 et seq. but does not modify, limit or supersede Section 101 of that Act, 15 U.S.C. Section 7001(a) or authorize electronic delivery of any of …
28 V.I.C. § 395 Severability
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If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…
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…
28 V.I.C. § 430 Short title
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This chapter may be referred to as the Real Property Acquisition Act of 1972.
28 V.I.C. § 431 Declaration of policy
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The provisions of this chapter shall be applicable to the acquisition of real property under the laws of the Virgin Islands for use in any project or program in which Federal, or Territorial funds are used.
28 V.I.C. § 432 Expenses incidental to transfer of title
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Any person, agency or other entity acquiring real property for such use shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real proper…
28 V.I.C. § 433 Litigation expenses
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Where a condemnation proceeding is instituted to acquire real property for such use and (i) the final judgment is that the real property cannot be acquired by condemnation or (ii) the proceeding is abandoned, the owner of any right, title or interest in such real property shall b…
28 V.I.C. § 434 Inverse condemnation proceedings
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Where an inverse condemnation proceeding is instituted by the owner of any right, title or interest in real property because of use of his property in any program or project in which Federal and/or Federal-aid funds are used, the court, rendering a judgment for the plaintiff in s…
28 V.I.C. § 435 Real property acquisition policies
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(a) Any person, agency or other entity acquiring real property for any project or program in which Federal and/or Federal-aid funds are used shall comply with the following policies:(a) Every reasonable effort shall be made to acquire expeditiously real property by negotiation.(b…
28 V.I.C. § 436 Buildings, structures and improvements
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(a) Where any interest in real property is acquired, an equal interest in all buildings, structures, or other improvements located thereon shall be acquired if such improvements must be removed or the value thereof is adversely affected by the use for which such real property is …
28 V.I.C. § 451 Right to maintain action for partition
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When several persons hold and are in possession of real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, or when several persons hold as tenants in common a vested remainder or reversion in any real property, any one…
28 V.I.C. § 452 Allegations of complaint; interests of parties
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The interest of all persons in the property, whether such persons are known or unknown, shall be set forth in the complaint, specifically and particularly, as far as known to the plaintiff. If one or more of the parties, or the share or quantity of interest of any of the parties,…
28 V.I.C. § 453 Lien creditors as parties; effects of partition on lien
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The plaintiff shall make creditors having liens upon the property or any portion thereof, defendants in the action. When the lien is upon an undivided interest or estate of any of the parties, if a partition is made, such lien is thenceforth a lien only upon the share assigned to…
28 V.I.C. § 454 Form of summons
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The summons shall be directed by name to all the tenants in common who are known, and in the same manner to all lien creditors who are made parties to the action, and generally to all persons unknown, having or claiming an interest or estate in the property.
28 V.I.C. § 455 Service of summons by publication
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If a party having a share or interest in or lien upon the property is unknown, or any of the known parties resides out of the Virgin Islands or cannot be found therein, and such fact is made to appear by affidavit, the summons may be served upon such absent or unknown party by pu…
28 V.I.C. § 456 Answer
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The defendant shall set forth in his answer the nature and extent of his interest in the property, and if he is a lien creditor, how such lien was created, the amount of the debt secured thereby, and remaining due, and whether such debt is secured in any other way, and if so, the…
28 V.I.C. § 457 Determination of rights and title
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The rights of the several parties, plaintiffs as well as defendants, may be put in issue, tried, and determined in a partition action. Where a defendant fails to answer, or where a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of t…
28 V.I.C. § 458 Order of sale or partition; appointment of referees
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If it is alleged in the complaint and established by evidence, or if it appears by the evidence, without such allegation in the complaint, to the satisfaction of the court, that the property, or any part of it, is so situated that partition cannot be made without great prejudice …
28 V.I.C. § 459 Proceedings and report by referees
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In making the partition the referees shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, designating the several porti…
28 V.I.C. § 460 Court action on report; conclusiveness of judgment
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(1) The court may confirm or set aside the report in whole or in part and if necessary appoint new referees. Upon the report being confirmed, a judgment shall be given that such partition be effectual forever, which judgment shall be binding and conclusive—(1) on all parties name…
28 V.I.C. § 461 Persons not concluded by judgment
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A judgment and partition under section 460 of this title shall not affect any tenants for years or for life of the whole of the property which is the subject of partition; nor shall such judgment or partition preclude any person, except such as are specified in section 460 of thi…
28 V.I.C. § 462 Referees' expenses and fees
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The expenses of the referees, including those of a surveyor and his assistants, when employed, shall be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff, and may be allowed as part …
28 V.I.C. § 463 Order of sale upon referees' report
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If the referees' report to the court that the property of which partition has been adjudged, or any separate portion thereof, is so situated that a partition thereof cannot be made without great prejudice to the owners and the court is satisfied that such report is correct, it ma…
28 V.I.C. § 464 Partial sale; setting off estate for life or years
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When a part of the property only is ordered to be sold, if there is an estate for life or years in an undivided share of the property, the whole of such estate may be set off in any part of the property not ordered to be sold.
28 V.I.C. § 465 Certificate showing liens; ascertainment by referee
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If an order of sale is made, and before a distribution of the proceeds thereof, the plaintiffs shall produce to the court a certificate showing the liens remaining unsatisfied, if any, by judgment upon the property, or any portion thereof, and unless he does so the court shall or…
28 V.I.C. § 466 Referee to ascertain amount of liens and priorities
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If it appears by a certificate, or reference in case the certificate is not produced under section 465 of this title, that any such liens exist, the court shall appoint a referee to ascertain what amount remains due thereon or secured thereby, respectively, and the order of prior…
28 V.I.C. § 467 Notice to lien creditors
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The plaintiff shall cause a notice to be served, at least ten days before the time for appearance, on each person having such lien by judgment to appear before the referee at a specified time and place to make proof by his own affidavit or otherwise of the true amount due, or to …
28 V.I.C. § 468 Proceedings and report of referee
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The referee shall receive the evidence and report the names of the creditors whose liens are established, the amounts thereon or secured thereby, and their priority, respectively, and whether contingent or absolute. He shall attach to his report the proof of service of the notice…
28 V.I.C. § 469 Exceptions to referee's report; notice to absent creditor
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The report of the referee may be excepted to by either party to the action or to the proceedings before the referee, in like manner and with like effect as in ordinary cases. If a lien creditor is absent from the Virgin Islands, or his residence therein is unknown, and that fact …
28 V.I.C. § 470 Confirmation of report; conclusiveness
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If the report of the referee is confirmed, the order of confirmation is binding and conclusive upon all parties to the action and upon the lien creditors who have been duly served with the notice to appear before the referee as provided in section 467 of this title.
28 V.I.C. § 471 Distribution of proceeds of sale
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(1) The proceeds of the sale of the encumbered property shall be distributed by the judgment of the court as follows—(1) to pay its just proportion of the general cost of the action;(2) to pay the costs of the reference;(3) to satisfy the several liens, in their order of priority…
28 V.I.C. § 472 Exhausting other securities to pay lien
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Whenever any party to the action or who holds a lien upon the property or any part thereof has other securities for the payment of the amount of such lien, the court may, in its discretion, order such securities to be exhausted before a distribution of the proceeds of sale, or ma…
28 V.I.C. § 473 Effect of proceedings to determine liens or rights of parties
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The proceedings to ascertain the amount of the liens and to determine their priority, as above provided, or those hereinafter authorized to determine the rights of parties to funds paid into court, shall not delay the sale nor affect any other party whose rights are not involved …
28 V.I.C. § 474 Distribution of proceeds or payment into court
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The proceeds of sale and the securities taken by the referees, or any part thereof, shall be distributed by them to the persons entitled thereto whenever the court so directs. If no such direction be given all such proceeds and securities shall be paid into court or deposited as …
28 V.I.C. § 475 Continuing action to determine rights to proceeds of sales
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When the proceeds of sales of any shares or parcel belonging to persons who are parties to the action, and who are known, are paid into court, the action may be continued as between such parties for the determination of their respective claims thereto, which shall be ascertained …
28 V.I.C. § 476 Procedure for sale; notice
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All sales of real property made by the referee shall be made by public auction to the highest bidder, in the manner required for the sale of real property on execution. The notice shall state the time, place, and terms of sale, and if the property or any part of it is to be sold …