Legal Memorandum: Claims to Access to Cargo Ramps in VI

Issue: Under the law of the Virgin Islands, is a barge company required to exhaust its administrative remedies regarding a claim to access to a cargo ramp?

           Claims concerning scheduling and access to cargo ramps at and the scheduling of vessels’ use of those landing places are not justiciable in the Territorial Court. These are matters peculiarly within the specific realm of duties delegated to Virginia Islands Port Authority by the Virgin Islands Legislature.  A barge company has no private right of action to enforce its claims to use of those facilities.  See Monsanto v. Virgin Islands Housing Auth., 18 V.I. 113, 120-22 (Terr. Ct. 1982).  The control of the traffic in the harbors and the landings of vessels is a matter primarily within the jurisdiction of VIPA.  That agency has primary jurisdiction of these matters.

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