Private property which may be taken

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  • The private property which may be taken under this chapter includes:
    • (1) All real property belonging to any person.

    • (2) Lands belonging to the Government of the United States Virgin Islands or any governmental division, whether incorporated or unincorporated, not appropriated to some public use.

    • (3) Property appropriated to public use; but such property shall not be taken unless for a more necessary purpose than that to which it has already been appropriated.

    • (4) Franchises for roads, bridges, and ferries, and all other franchises; but such franchises shall not be taken unless for free highways, free bridges, railroads, or other more necessary public use.

    • (5) All rights of way for any and all the purposes mentioned in section 411 of this title, and any and all structures and improvements thereon, and the lands held and used in connection therewith shall be subject to be connected with, crossed, or intersected by any other right of way or improvements or structures thereon. They shall also be subject to a limited use, in common with the owner thereof, when necessary; but such uses, crossings, intersections, and connections shall be made in manner most compatible with the greatest public benefit and least private injury.

    • (6) All classes of private property not enumerated may be taken for public use when such taking is authorized by law.


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