COMMITTEE ON DISASTER RECOVERY, INFRASTRUCTURE
COMMITTEE ON DISASTER RECOVERY, INFRASTRUCTURE AND PLANNING BILL NO. 36-0070 Thirty-Sixth Legislature of the Virgin Islands March 28, 2025 An Act amending title 28 Virgin Islands Code, chapter 19 by adding section 423 relating to failure to use property acquired through the exercise of the power of eminent domain PROPOSED BY: Senator Alma Francis Heyliger Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 28 Virgin Islands Code, chapter 19 is amended by adding section 2 423: 3 “§ 423. Failure to use property acquired by eminent domain 4 (a) A property that has been acquired through eminent domain must be devoted 5 to the public use for which it was acquired not more than 25 years after the acquisition. 6 (b) If the property is not devoted to the specified public use within the time set 7 forth in subsection (a), the previous owner may file a petition with the Superior Court of 8 the Virgin Islands for the return of the property. …
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COMMITTEE ON DISASTER RECOVERY, INFRASTRUCTURE AND PLANNING BILL NO. 36-0070 Thirty-Sixth Legislature of the Virgin Islands March 28, 2025 An Act amending title 28 Virgin Islands Code, chapter 19 by adding section 423 relating to failure to use property acquired through the exercise of the power of eminent domain PROPOSED BY: Senator Alma Francis Heyliger Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 28 Virgin Islands Code, chapter 19 is amended by adding section 2 423: 3 “§ 423. Failure to use property acquired by eminent domain 4 (a) A property that has been acquired through eminent domain must be devoted 5 to the public use for which it was acquired not more than 25 years after the acquisition. 6 (b) If the property is not devoted to the specified public use within the time set 7 forth in subsection (a), the previous owner may file a petition with the Superior Court of 8 the Virgin Islands for the return of the property. 9 (c) The court shall grant the petition when the previous owner has returned the 10 compensation it received for the property to the Government of the Virgin Islands. The 11 Government may not institute another condemnation action to acquire the same property 12 for a period of not less than 10 years after the petition is granted. 13 2 (d) For purposes of this section, “previous owner” means the person, or the heir 1 of the person, or the entity whose property was acquired through eminent domain.” 2 BILL SUMMARY 3 This bill amends title 28 Virgin Islands Code, chapter 19 by adding section 423 to require 4 that a property acquired through eminent domain be devoted to the public use for which it was 5 acquired not more than 25 years after the acquisition. If the property is not devoted to such use 6 within that time, the property will be returned to the previous owner upon the filing of a petition 7 by the previous owner and the return of the compensation received for the property to the 8 Government of the Virgin Islands. The bill also prohibits the Government from instituting 9 another condemnation action to acquire the same property for a period of not less than 10 years 10 after the petition is granted. 11 BR25-0489/March 3, 2025/GC 12