DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
ALBERT w. CALLWOOD, MARIA DE LOS A. 
CALLWOOD, 
                     Plaintiff, 
v. 
ISLAND ROADS CORPORATION; GOVERNMENT 
OF THE VIRGIN ISLANDS; GUSTAV JAMES, 
PUBLIC WORKS COMMISSIONER; KENNETH 
MAPP1, GOVERNOR, 
                     
                     Defendants. 
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Civil No. 2014–09 
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ATTORNEYS: 
 
Albert W. Callwood 
Maria De Los A. Callwood 
St. Thomas, USVI 
 
Pro se plaintiffs, 
 
 
ORDER 
 
GÓMEZ, J. 
 
The plaintiffs, Albert Callwood and Maria Callwood (“the 
Callwoods”) initiated this action on January 27, 2014. The 
precise nature of the Callwoods’ claim is unclear. The Callwoods 
appear to claim that they have suffered from a governmental 
construction project on their property that has effected a 
taking of their property. 
                     
1 Kenneth Mapp became Governor of the Virgin Islands in January, 2015. Gustav 
James is the current Commissioner of Public Works. Pursuant to Federal Rule 
of Civil Procedure 25, the caption has been changed to reflect the change in 
governors and commissioners.  
Case: 3:14-cv-00009-CVG-RM   Document #: 24   Filed: 02/10/17   Page 1 of 2
Callwood v. Island Roads Corp. 
Civil No. 2014-09 
Order 
Page 2 
 
 
The Court has previously held: 
The Virgin Islands eminent domain statutes 
provide a complete and exclusive procedure 
to 
govern 
all 
condemnations 
for 
public 
purposes in the territory. See 28 V.I.C. §§ 
411-422. These statutory procedures protect 
the rights of property owners and guarantee 
the 
constitutional 
safeguards 
to 
which 
owners 
are 
entitled. 
They 
provide 
the 
opportunity for the Callwoods to voice their 
core objection – that this taking is not, in 
fact, for public use.  
Such proceedings are ordinarily a function 
of 
the 
Virgin 
Islands 
Superior 
Court. 
Indeed, the Superior Court’s exercise of 
this function is, in the first instance, 
exclusive. See Brown v. Francis, 75 F.3d 860 
(3d Cir. 1996)(holding that the District 
Court erred when it asserted jurisdiction 
over an eminent domain case removed from the 
Territorial Court).  
 
Callwood v. Gov’t of the Virgin Islands, Civ. No. 7-cv-104, slip 
op. at 4-5 (D.V.I. Feb. 4, 2011). 
 
The premises having been considered, it is hereby 
 
ORDERED that not later than February 17, 2017, the 
Callwoods shall submit briefs, with references to the 
appropriate authorities, addressing whether this matter should 
be dismissed for want of subject-matter jurisdiction. 
 
 
 
  
 
 
S\ 
 
 
 
 
 
 
  
 
 
Curtis V. Gómez 
 
 District Judge 
Case: 3:14-cv-00009-CVG-RM   Document #: 24   Filed: 02/10/17   Page 2 of 2