3 V.I. 384 | D.V.I. | 1958
Gentlemen, it is quite clear that the Virgin Islands Housing and Urban Renewal Authority has broad powers to undertake and carry out a housing project of the type that is involved here. It has power to undertake and carry out studies, analyses, research and investigation of housing and redevelopment needs, and the means and methods of meeting the needs disclosed by those studies. It has power to make findings and determinations with respect to matters relating to housing and means and methods of carrying out its functions, and may carry into effect such findings and determinations as it may from time to time decide upon under the powers given to it by chapter 1 of Title 29 of the Virgin Islands Code, as amended. In the exercise of these powers, the Authority has approved the project which is involved in this case. The project has been approved by the Federal Housing Administration, and is at the point of proceeding if and when the Authority can acquire the land which is being sought in this action to be acquired in order to build this project.
Now, it is true that Title 28 of the Virgin Islands Code regulates the exercise of the power of eminent domain. Section 415 of that title provides that “In all cases
The balancing of public good against private injury is in the first instance for the Authority. The Authority under the statute has power to investigate, employing persons to assist it in this regard, and to make studies and findings and determinations upon that subject. It is a basic principle of our form of government that it is not for the judicial branch of the government to perform a function of that kind. The exercise of such a function is basically the exercise of legislative power to act for the public good and in the public interest; power which in this instance the Legislature has delegated to the Authority. With the exercise of such a function the courts will not interfere except to the extent necessary to keep the executive or legislative agency from trespassing beyond the bounds of its authority under the law. Certainly the discretion or judgment of this court is not to be substituted for that of the Authority or of the Legislature from which the Authority received its delegated power. The determinations of the Authority must, therefore, be accepted as prima facie valid and I so accept them.
Accordingly, in order for the defense in this case to
Insofar as the taking of .the land will injure these owners and their remaining land, they are entitled to just and full compensation. This land is not being taken from them by confiscation. The Government will have to pay them the full, fair and just amount which they lose by this taking, not only with respect to the land which is being taken, but with respect to the injury which may result to their remaining land by reason of its severance from the part being taken, with a resulting inaccessibility from the public highway and loss of the water supply now on the land taken. All of these factors will be taken into account by the commissioners who will consider the damages and assess the just compensation to be made. Those matters, therefore, are not for consideration at this time, but are to be considered by the commissioners when appointed.
Accordingly, for the reasons which I have stated, I con-
An appropriate judgment will be entered.
Oral opinion.