Government acquisition of real property

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  • (a) In all cases where the Government of the Virgin Islands is authorized to acquire real property by purchase or exchange for any public use, other than by condemnation, and the Governor shall express in writing his opinion that said real property is needed for a specific public purpose, the Commissioner of Property and Procurement shall appoint three appraisers, who are residents of the Virgin Islands, and who, by reason of occupation and experience are acquainted with Virgin Islands real property values, to severally or jointly make a careful inspection of the land and submit severally to the Legislature and the Commissioner of Property and Procurement a written statement of the value of the real estate or right to be acquired, accompanied by a comprehensive statement of the unit prices or factors included or the method used in the computation of the total value.

  • (b) Before entering upon these duties, the said appraisers shall subscribe to an oath to discharge their duties faithfully and impartially, and upon completion of their duties they shall be entitled to compensation for transportation expenses and a reasonable per diem allowance when actually employed.

  • (c) The offer by the Governor of purchase for any such real property shall provide for the payment of a purchase price not to exceed the average of the values submitted by the three appraisers. If said average of the values submitted by the other appraisers is unacceptable to the private owner, the Commissioner of Property and Procurement may negotiate a price with said owner; provided, however, that in no case shall the negotiated price exceed one hundred twenty-five percent of the average value determined by the appraisers. If no agreement is reached, the matter shall be referred to the Attorney General who shall cause an action for condemnation of the property to be commenced, if authorized by law, unless the Governor shall otherwise direct.

  • (d) The Attorney General shall require that all conveyances of title in fee simple, and all grants of easements of right of entry, to the Government, as grantee, except where otherwise waived in writing by the Attorney General for good and sufficient reason, shall include complete warranty of title in the grantor, and that the abstract of title or other title records pertaining thereto be delivered to the Government with the instrument conveying title, for proper recording of such documents, with a copy of any recorded deeds being transmitted to the Legislature.

  • (e) No method for the acquisition of real property by purchase or exchange other than that set out in this section or condemnation shall be permitted.

  • (f) No conveyance pursuant to this section shall be valid unless approval of the Legislature is obtained prior to conveyance of title.

  • (g) The provisions of this section shall not apply to the acquisition by the Government of the Virgin Islands of real property in whole or in part with Federal funds; provided, however, that the land acquisition requirements of the Federal agency funding the project shall be applied thereto.

  • (h) This section shall not be applicable to the acquisition of real property under the provisions of:

    • (1) Title 21, chapter 1, relating to the Homestead programs;

    • (2) Title 29, chapter 1, subchapter IX, relating to Home Ownership and Development; or

    • (3) Title 21, chapter 2, relating to conveyances by the Virgin Islands Housing Finance Authority to the Government.


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