From the Virgin Islands – Quick Take Not Reviewable on Appeal

One way to imagine being on the island of St Thomas is to read an opinion of the Supreme Court of the Virgin Islands.  This “vacation” is work related because it is a condemnation case. The case is Beachside Associates, LLC v. Virgin Islands Water and Power Authority and was published on June 30, 2015.

The Water Authority filed its condemnation case to acquire certain utility easements over property owned by Beachside Associates on St. Thomas.  The lower court issued an order authorizing the taking and provided for further proceedings to determine just compensation, and the property owner filed a notice of appeal.  The Water Authority moved to dismiss, arguing that the appellate court had no jurisdiction because the appeal was interlocutory.  The Owner did not dispute that the appeal was interlocutory but nonetheless asked the court to hear the appeal because the issue of the right to take was “finally” determined.  The Supreme Court disagreed and dismissed the appeal.  The Court reasoned that the issue was statutory, and the Virgin Islands  code mimicked the Federal code which authorized the immediate transfer of the easement at any time “before judgment”.  Moreover, the United States Supreme Court has already interpreted the statute to mean that there is no right to interlocutory appeals to question the authority of a quick take.

Back on the mainland, under New Jersey’s Eminent Domain Act, there are two final judgments in every condemnation action.  The first is when the Court initially authorizes the taking of private property for public use.  An immediate appeal of right is available to the property owner to challenge that ruling on substantive or procedural grounds.  The second final judgment issues after just compensation is determined.

Back to work!