2019 US Virgin Islands Code
Title 28 - Property
Chapter 19 - Condemnation of Property; Eminent Domain
§ 421. Taking of possession and title in advance of final 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 of any property or any permanent or temporary interest or easement therein, the Government of the United States Virgin Islands, or any department, agency, bureau, or instrumentality thereof authorized by law to seek the condemnation in question, may file in the cause, with the petition or any time before judgment, a declaration of taking for the acquisition and physical delivery of the property sought to be condemned, signed by the person or entity empowered by law to acquire the property described in the petition. Said declaration of taking and physical delivery shall contain or have annexed thereto:

  • (1) A statement of the authority under which and the public use for which said property is taken.

  • (2) A description of the property taken sufficient for the identification thereof.

  • (3) A statement of the estate or interest in the property taken for public use.

  • (4) A plan of the property taken, in cases where the property can be so represented.

  • (5) A statement of the sum of money estimated by said acquiring authority to be just compensation for the property taken.

  Upon the filing of said declaration of taking and deposit in the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in said declaration, title to the property in fee simple absolute, or such less estate or interest therein as is specified in said declaration, shall vest in the Government of the United States Virgin Islands, or in the department, agency, bureau or instrumentality thereof, which may have been authorized to seek the condemnation, and such property shall be deemed condemned and taken for the use of the Government of the United States Virgin Islands, or the department, agency, bureau or instrumentality thereof involved, as the case may be, and the right to just compensation for the same shall vest in the persons entitled thereto; and said compensation shall be ascertained and awarded in said proceeding and established by judgment therein, and the said judgment shall include, as part of the just compensation awarded, interest at the rate of six per centum per annum on the amount finally awarded as the value of the property as of the date of taking, from said date to the date of payment; but interest shall not be allowed on so much thereof as shall have been paid into the court. No sum so deposited and paid into the court shall be subject to any charge for commission, deposit or custody.

Payment of money deposited; judgment for deficiency

• (b) Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in the proceeding. If the compensation finally awarded in respect of said property, or any parcel thereof, shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the Government of the United States Virgin Islands or other condemning entity for the amount of the deficiency.

Order for surrender of possession; other orders

• (c) Upon the filing of the declaration of taking, the court shall have power to fix the time within which, and the terms upon which, the parties in possession of the property shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect to encumbrances and other charges, if any, burdening the property, as shall be just and equitable.

Certification as to payment of ultimate award

• (d) Action under the provisions of this section irrevocably committing the Government of the United States Virgin Islands to the payment of the ultimate award shall not be taken unless the head of the executive department or agency, bureau or instrumentality empowered by law to acquire the property, certifies that he is of the opinion that the ultimate award probably will be within whatever limits are prescribed by the Legislature of the Virgin Islands in connection with the price to be paid.

Vesting of title notwithstanding appeal or giving of bond

• (e) No appeal in any cause under this section or any bond or undertaking given therein shall operate to prevent or delay the acquisition by, or the vesting of title to such property in the Government of the United States Virgin Islands or the agency, bureau or instrumentality empowered by law to acquire the property.