Title 28 — Property
25 chapters · 384 sections in this title.
28 V.I.C. § 381 Short title
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This chapter may be cited as the Uniform Environmental Covenants Act of 2006.
28 V.I.C. § 382 Definitions
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(1) In this chapter:(1) “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property.(2) “Agency” means the Department of Planning and Natural Resources or any other state or federal agency that determines or approves t…
28 V.I.C. § 383 Nature of rights; subordination of interests
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(a) Any person may be a holder, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government. An environmental covenant may identify multiple holders. The interest of a holder is an interest in real property. (b) T…
28 V.I.C. § 384 Contents of environmental covenant
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(a) An environmental covenant must:(1) state that the instrument is an environmental covenant executed pursuant to title 28 Virgin Islands Code, chapter 18;(2) contain a legally sufficient description of the real property subject to the covenant;(3) describe the activity and use …
28 V.I.C. § 385 Validity; effect on other instruments
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(a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if:(1) it is not appurtenant to an interest in real property;(2) it can be or has been assigned to a person ot…
28 V.I.C. § 386 Relationship to other land-use law
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This chapter does not authorize a use of real property that is otherwise prohibited by zoning or by other law regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of…
28 V.I.C. § 387 Notice
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(a) A copy of a signed environmental covenant must be provided to:(1) all persons who signed the covenant;(2) all persons holding a recorded interest in the real property subject to the covenant;(3) all persons in possession of the real property subject to the covenant;(4) each m…
28 V.I.C. § 388 Recording
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(a) Any environmental covenant and any amendment or termination of the covenant must be recorded in every district in which any portion of the real property subject to the covenant is located. For purposes of recording, a holder shall be treated as a grantee. (b) Except as otherw…
28 V.I.C. § 389 Duration; amendment by court action
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(a) An environmental covenant is perpetual unless:(1) by its terms limited to a specific duration or terminated by the occurrence of a specific event;(2) terminated by consent pursuant to section 390;(3) terminated pursuant to subsection (b); or(4) terminated by foreclosure of an…
28 V.I.C. § 390 Amendment or termination by consent
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(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:(1) the agency;(2) the current owner of the fee simple of the real property subject to the covenant, unless waived by the agency;(3) each person that originally…
28 V.I.C. § 391 Enforcement of environmental covenant
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(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:(1) a party to the covenant;(2) the agency or, if it is not the agency, the Department of Planning and Natural Resources;(3) any other person to whom the co…
28 V.I.C. § 392 Registry; substitute notice
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(a) The Department of Planning and Natural Resources shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and t…
28 V.I.C. § 393 Uniformity of application and construction
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In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
28 V.I.C. § 394 Relation to Electronic Signatures in Global and National Commerce
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This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 701 et seq. but does not modify, limit or supersede Section 101 of that Act, 15 U.S.C. Section 7001(a) or authorize electronic delivery of any of …
28 V.I.C. § 395 Severability
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If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…