Legal Opinion · Dissent

GOVERNMENT OF THE VIRGIN ISLANDS v. 19.623 ACRES OF LAND, ETC., Appellant

Court of Appeals for the Third Circuit

Decided July 17, 1979No. 78-2063Published

1DissentRosenn, Circuit Judge

I respectfully dissent because I am compelled to believe that Fed. R. Civ. P. 54(d) does not have any operative effect in condemnation cases. I view Fed. R. Civ. P. 71A(1) as effectively neutralizing the operation of Rule 54(d) in condemnation proceedings. I conclude that before an award of costs and attorney’s fees may be made against the Government of the Virgin Islands in a condemnation case, specific statutory authority must be found in Virgin Islands law to support such an award. I am convinced that no such authority exists in the Virgin Islands Code.

*599In ordinary civil cases, costs are…

2Cases cited2 opinions

  1. Dohany v. RogersSupreme Court of the United States · 1930
  2. Government of the Virgin Islands v. Approximately 3.4 Acres of Land Located at Parcels No. 4-2 & 4-3 Estate EnsomhedDistrict Court, Virgin Islands · 1975

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