2019 US Virgin Islands Code
Title 28 - Property
Chapter 19 - Condemnation of Property; Eminent Domain
§ 419. Rules for determination 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 and each estate or interest therein shall be separately assessed.

(2) If the property sought to be appropriated constitutes only a part of a larger parcel, the damages which will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned, and the construction of the improvements in the manner proposed by the plaintiff, shall be assessed.

(3) There shall be determined, separately, how much of the portion not sought to be condemned, and each estate or interest therein will be benefited, if at all, by the construction of the improvements proposed by the plaintiff. If the benefit is equal to the damages assessed under subdivision (2) of this section the owner of the parcel shall be allowed no compensation except the value of the portion taken. If the benefits are less than the damages assessed the former shall be deducted from the latter, and the remainder shall be the only damages allowed in addition to the value.

(4) If the property sought to be condemned is for a railroad, the cost of good and sufficient fences along the line of such railroad, and the cost of cattle guards where fences may cross the line of such railroad shall be assessed.

(5) As far as practicable compensation shall be assessed for each source of damage separately.

(6) For the purpose of assessing compensation and damages, the right thereto shall be deemed to have accrued at the date of the notice, and its actual value at that date shall be the measure of compensation of all property to be actually taken, and the basis of damages to property not actually taken but injuriously affected. If an order be made letting the plaintiff into possession as provided in section 420 of this title, the compensation and damages awarded shall draw lawful interest from the date of such order. No improvements put upon the property subsequent to the date of the service of notice shall be included in the assessment of compensation or damages.