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Government of Virgin Islands v. 2.7420 Acres of Land

decided: June 3, 1969.

GOVERNMENT OF THE VIRGIN ISLANDS, APPELLANT,
v.
2.7420 ACRES OF LAND, ETC. PARCELS 1A MARKET STREET--3C WATER GUT



Maris, Freedman and Aldisert, Circuit Judges.

Author: Maris

Opinion OF THE COURT

MARIS, Circuit Judge.

This is an appeal by the Government of the Virgin Islands from a final judgment entered by the district court under Rule 54(b), F.R.Civ.P., awarding the sum of $332,730.58 with interest to the owners of two parcels of land fronting on the sea taken by the Government in the course of carrying out an urban renewal plan in the Water Gut area of the town of Christiansted, St. Croix. The judgment entered was in accord with a supplemental report which the court approved of commissioners which the court had previously appointed to take testimony and report the value of the land taken. The Government objected before the district court, and urges here, that the commissioners erred in receiving evidence of the value of the land for use as a hotel site and in basing their valuation thereon, in view of the fact that the land was included in an R 4 residential zone by the Virgin Islands Zoning Law in which zone a hotel is permitted only when granted as a special exception, and that the Urban Renewal Plan adopted by the Government contains a similar restriction. We see no merit in these contentions.

The Schedule of Zoning Requirements annexed to section 266 of the Zoning Law, 29 V.I.C. ยง 266 App. I, as it stood on June 24, 1964, the date of the taking, set out the following requirements for an R 4 Zone:

"R 4 ZONE

One- to Four-Family Residential

(Intent: For urban areas; to permit mixing of single and multiple family units, and to stabilize character of urban development.)

Permitted Principal Uses and Structures :

1. Single family dwelling

2. Two-, three, or four-family structure

3. Rooming or boarding house

Permitted Accessory Uses and ...


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