Testimony admissible in eminent domain proceedings to fix compensation

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  • In any proceedings in eminent domain to fix or assess just compensation, evidence or testimony bearing upon the following matters shall be admissible, in addition to evidence or testimony otherwise admissible, and shall be considered in fixing such compensation:
    • (1) Any use, condition, occupancy, or operation of such property, which is unlawful or violates, or is subject to elimination, abatement, prohibition or correction, under any law, or regulatory measure, in the Virgin Islands, as being unsafe, substandard, insanitary or otherwise contrary to the public health, safety, morals or welfare.

    • (2) The effect on the value of such property of any such use, condition, occupancy, or operation, or of the elimination, abatement, prohibition, or correction of any such use, condition, occupancy or operation.

    • (3) Testimony or evidence that any public agency or officer charged with the duty so to do has rendered, made, or issued any judgment, decree, order, determination, or finding, for the abatement, prohibition, elimination, or correction of any such use, condition, occupancy, or operation, which official action shall be prima facie evidence of the existence and character of such use, condition, occupancy, or operation, but shall not be a condition precedent to the admissibility of the evidence or testimony described in subsections (1) and (2) of this section.


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