S. Ct. Civ. No. 2015-0011

Considering a motion filed by Virgin Islands Water and Power Authority ("WAPA") seeking dismissal of this appeal for lack of appellate jurisdiction, as well as the appellant's response thereto and WAPA's reply, it is held that the Supreme Court lacks jurisdiction over the appeal. The Superior Court's December 4, 2014 order, which vested title in certain easements to WAPA and provided for further proceedings to determine the amount of just compensation therefor, was not a final judgment since the underlying case remains pending in the Superior Court. Although that order conclusively determined that WAPA is entitled to title to the easements, under the pertinent Virgin Islands statute, 28 V.I.C. § 421, which is patterned after the federal Declaration of Taking Act, 40 U.S.C. § 3114, orders transferring property to the government are not appealable until a final judgment has been entered, including ascertaining the amount of just compensation. Thus, the motion seeking dismissal of the appeal on jurisdictional grounds, as filed by WAPA, is granted and the appeal is dismissed without considering the merits of the Superior Court's December 4, 2014 order. To the extent the appellant wishes to appeal the December 4, 2014 order, or any subsequent decision of the Superior Court, it may do so only by filing a notice of appeal after entry of a final judgment or other order over which this Court may exercise jurisdiction.