S. Ct. Civ. No. 2013-0080

In an action for trespass and conversion, among other claims, brought by owners of land adjacent to a public landfill, the Superior Court erred in concluding that the claims against the Government of the Virgin Islands, Department of Public Works were barred based on the Virgin Islands Tort Claims Act, 33 V.I.C. §§ 3401 to 3417. In this case, the Department of Public Works' permanent removal and use of the soil from the plaintiffs' property constitutes an appropriation of land and, therefore, § 3409(a) applies, affording an aggrieved party two years within which to file a claim, Thus, the Superior Court erred in concluding that it lacked subject matter jurisdiction over the claims. Since the Department fully participated at the trial, the action is remanded for the Superior Court to adjudicate the claims relating to it based on the evidence offered at trial. The Superior Court also committed clear error in making two findings of fact, (1) the start date of the conversion and trespass; and (2) the date that management of the landfill was transferred from Department of Public Works' control to Waste Management Authority's control. Accordingly, the Superior Court's judgment is reversed and the case is remanded for the Superior Court to adjudicate the claims relating to the Department of Public Works and to issue new findings of fact and conclusions of law based on the evidence presented at trial, in accordance with this opinion.