Legal Opinion

Ball v. Government of the Virgin Islands Public Services Commission

District Court, Virgin Islands

Decided February 26, 1987No. Civil No. 1986/218PublishedCited by 1 opinion

1Opinion of the CourtO’Brien, Judge

MEMORANDUM OPINION AND ORDER

The question before us is whether a landlord that supplies well water to its tenants is a public utility within the meaning of 30 V.I.C. § 1(a)(4). We answer affirmatively but hold that mere inclusion within this definition does not constitute a taking to implicate the Just Compensation Clause of the Fifth Amendment.

I. FACTS

Plaintiff Vernon Ball owns and operates a mobile home park in the Golden Grove area of St. Croix in the name of Island Mobile Homes. The venture includes forty trailers and houses, most of which are owned by Ball, as well as a laundry and…

2Cases cited18 opinions

  1. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  2. Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
  3. Agins v. City of TiburonSupreme Court of the United States · 1980
  4. Grever v. Idaho Telephone CompanyIdaho Supreme Court · 1972
  5. Toledo Railways & Light Co. v. HillSupreme Court of the United States · 1917

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3Cited by1 opinion

  1. Esso Virgin Islands, Inc. v. Government of the United States ex rel. Virgin Islands Department of Licensing & Consumer AffairsDistrict Court, Virgin Islands · 2008

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