Bill Allowing Property Seized by Eminent Domain to Be Returned After 25 Years Held Pending Amendments

Despite positive feedback from legislators, a decision was made to hold Bill 36-0070, sponsored by Senator Alma Francis Heyliger, in the Committee on Disaster Recovery, Planning, and Infrastructure, pending amendments.

Heard during Monday’s meeting, the bill proposes to ensure that a property acquired through eminent domain can be returned to its owner if it is not used after 25 years. The measure would amend Title 28, Virgin Islands Code, chapter 19 to allow for the previous owner to “file a petition with the Superior Court of the Virgin Islands for the return of the property.”

The previous owner would be required to return the compensation received from the acquisition. The Government of the Virgin Islands would then be prevented from re-acquiring that same property for at least 10 years.

“It is unfair that our government takes people's properties and we don't use them, and then start to utilize it as though they're part of our inventory,” argued Senator Francis Heyliger in her introduction of the bill.

Invited to testify were the Departments of Property and Procurement, and Planning and Natural Resources. Both of their representatives said that they valued the intent of the bill but took issue with several aspects and possible consequences.

“We share concerns about the potential impact on the efficient functioning of government, long-term infrastructure planning and emerging needs,” stated Lisa Alejandro, commissioner of the Department of Property and Procurement. She argued that “a rigid 25-year deadline risks undermining long-term projects and creating unnecessary pressure” on relevant departments. According to Ms. Alejandro, certain projects can be held up by financing and permitting delays.