reglab/housing_qa huggingface dataset:
V.I. Code tit. 28, § 381 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 381. Short title

 This chapter may be cited as the Uniform Environmental Covenants Act of 2006.
V.I. Code tit. 28, § 382 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 382. Definitions

 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 the environmental response project pursuant to which the environmental covenant is created. (3) “Common interest community” means a condominium, cooperative or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay for property taxes, insurance premiums, maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. (4) “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations. (5) “Environmental response project” means a plan or work performed for environmental remediation of real property and conducted: (A) under a federal or state program governing environmental remediation of real property, including title 12 Virgin Islands Code, chapters 7, 16 and 17 and title 19, chapter 56; (B) incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or (C) under any territorial voluntary clean-up program authorized by law. (6) “Holder” means the grantee of an environmental covenant as specified in section 383(a). (7) “Other law” means law other than the provisions contained in this chapter. (8) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity, (9) “Record” when used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (10) “State” means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
V.I. Code tit. 28, § 383 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 383. Nature of rights; subordination of interests

 (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) The rights of an agency under this chapter or, under an approved environmental covenant, other than as a holder, are not interests in real property. (c) An agency is bound by the obligations it assumes in an environmental covenant, but an agency does not assume obligations, merely by approving an environmental covenant. Any other person who signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under other law or administrative action except as provided in the covenant. (d) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended: (1) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant. (2) This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant. (3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record or, if the environmental covenant covers commonly owned property in a common interest community, in a record signed by any person authorized by the governing board of the owners' association. (4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
V.I. Code tit. 28, § 384 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 384. Contents of environmental covenant

 (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 limitations on the real property; (4) identify every holder; (5) be signed by the agency, every holder, and unless waived by the agency every owner of the fee simple of the real property subject to the covenant; and (6) identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant. (b) In addition to the information required by subsection (a), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any: (1) requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant; (2) requirements for periodic reporting describing compliance with the covenant; (3) rights of access to the property granted in connection with implementation or enforcement of the covenant; (4) a brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination; (5) restriction or limitation on amendment or termination of the covenant in addition to those contained in sections 389 and 390; and (6) rights of the holder in addition to its right to enforce the covenant pursuant to section 391. (c) In addition to other conditions of its approval, the agency may condition approval of an environmental covenant on the signing of the covenant by those persons specified by the agency whose interests in the real property may be affected by the covenant.
V.I. Code tit. 28, § 385 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 385. Validity; effect on other instruments

 (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 other than the original holder; (3) it is not of a character that has been recognized traditionally at common law; (4) it imposes a negative burden; (5) it imposes an affirmative obligation on any person having an interest in the real property or on the holder; (6) the benefit or burden does not touch or concern real property; (7) there is no privity of estate or contract; (8) the holder dies, ceases to exist, resigns, or is replaced; or (9) the owner of an interest subject to the environmental covenant and the holder are the same person. (c) An instrument that creates activity and use limitations designed to protect human health or the environment and that was agreed to before the effective date of this chapter is not invalid or unenforceable by reason of any of the limitations on enforcement of interests described in subsection (b) or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument. (d) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of the Virgin Islands.
V.I. Code tit. 28, § 386 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 386. Relationship to other land-use law

 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 real property which are authorized by zoning or by other law.
V.I. Code tit. 28, § 387 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 387. Notice

 (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 municipality or other unit of local government in which real property subject to the covenant is located; and (5) any other persons the agency requires. (b) The copy must be provided by the persons and in the manner required by the agency. (c) The validity of the covenant is not affected by failure to provide a copy of the covenant as required under this section.
V.I. Code tit. 28, § 388 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 388. Recording

 (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 otherwise provided in section 389(c), an environmental covenant is subject to the laws of Virgin Islands governing recording and priority of interests in real property. Recording of an environmental covenant pursuant to the law of the Virgin Islands provides the same constructive notice of the covenant as the recording of a deed provides of an interest in real property.
V.I. Code tit. 28, § 389 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 389. Duration; amendment by court action

 (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 interest which has priority over the environmental covenant. (b) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court may, under the doctrine of changed circumstances, in an action in which all persons identified in section 390(a) and (b) have been given notice, terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request is subject to review pursuant to a writ of review to the Superior Court of the Virgin Islands as provided in title 5 Virgin Islands Code, chapter 97. (c) Except as otherwise provided in subsections (a) and (b), an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, the exercise of eminent domain or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, acquiescence, or any similar doctrine.
V.I. Code tit. 28, § 390 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 390. Amendment or termination by consent

 (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 signed the covenant, unless the person waived in a signed record the right to consent or unless a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and (4) except as otherwise provided in subsection (d)(2), the holder. (b) If an interest is subject to an environmental covenant, that interest is not affected by an amendment of the covenant unless the owner of that interest consents to the amendment or has waived in a signed record the right to consent to future amendments. (c) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment. (d) Except as otherwise provided in the covenant: (1) a holder may not assign its interest without consent of the other parties; (2) a holder may be removed and replaced by agreement of the other parties specified in subsection (a); and (3) a court of competent jurisdiction may fill a vacancy in the position of holder.
V.I. Code tit. 28, § 391 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 391. Enforcement of environmental covenant

 (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 covenant expressly grants power to enforce; (4) a person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; and (5) a municipality or other unit of local government in which the real property subject to the covenant is located. (b) This chapter does not limit the regulatory authority of the agency or the Department of Planning and Natural Resources under other law with respect to an environmental response project. (c) A person is not subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
V.I. Code tit. 28, § 393 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 393. Uniformity of application and construction

 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.
V.I. Code tit. 28, § 394 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 394. Relation to Electronic Signatures in Global and National Commerce

 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 the notices described in Section 103 of that Act, 15 U.S.C. Section 7003(b).
V.I. Code tit. 28, § 395 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 18 - Uniform Environmental Covenants Act of 2006|§ 395. Severability

 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 provisions of this chapter are severable.
V.I. Code tit. 28, § 411 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 19 - Condemnation of Property; Eminent Domain|§ 411. Public uses

 Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses: (1) All public uses authorized by Congress or the Legislature of the Virgin Islands. (2) Public buildings and grounds for the use of the Government of the United States Virgin Islands. (3) Public buildings and grounds for the use of any town, village, school district, or other governmental division, whether incorporated or unincorporated; canals, aqueducts, flumes, ditches, or pipes conducting water, heat, or gas for the use of the inhabitants of any town, or other governmental division, whether incorporated or unincorporated, roads, streets, and alleys, and all other public uses for the benefit of any town, or other governmental division, whether incorporated or unincorporated, or the inhabitants thereof, which may be authorized by Congress or the Legislature of the Virgin Islands. (4) Wharves, docks, piers, bridges of all kinds, railroads, canals, ditches, flumes, aqueducts, and pipes for public transportation, supplying agricultural lands with water, and sites for reservoirs necessary for collecting and storing water. (5) Telephone, electric light, power, or telegraph lines. (6) Sewerage of any town, village, or other governmental division, whether incorporated or unincorporated, or any subdivision thereof, or of any public buildings belonging to the Government of the United States Virgin Islands. (7) Tramway lines. (8) For the acquisition of natural water sources, water courses and watershed areas for providing public water supply; for the construction of impounding dams and basins to retain water for irrigation purposes and for canals, flumes, aqueducts, etc., to distribute water for irrigation; Provided, however, That in any condemnation proceeding on behalf of an irrigation system it must be shown that the proposed system is general in its nature and designated to serve the available contiguous agricultural lands. (9) For the acquisition of parks, lands for public recreation and significant natural areas as defined in Title 12, chapter 21 of this Code.
V.I. Code tit. 28, § 412 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 19 - Condemnation of Property; Eminent Domain|§ 412. Estates and rights subject to be taken

 The following is a classification of the estates and rights in lands subject to be taken for public use: (1) A fee simple, when taken for public buildings or grounds or for permanent buildings, for reservoirs and dams, and permanent floodings thereby. (2) An easement when taken for any other use. (3) The right of entry upon and occupation of lands, and the right to take therefrom such earth, gravel, stones, trees and timber as may be necessary for some public use.
V.I. Code tit. 28, § 412a (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 19 - Condemnation of Property; Eminent Domain|§ 412a. Environmental covenant

 An environmental covenant executed pursuant to title 28 Virgin Islands Code, chapter 18 may not be extinguished, limited or impaired by the exercise of eminent domain.
V.I. Code tit. 28, § 413 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 19 - Condemnation of Property; Eminent Domain|§ 413. Private property which may be taken

 The private property which may be taken under this chapter includes: (1) All real property belonging to any person. (2) Lands belonging to the Government of the United States Virgin Islands or any governmental division, whether incorporated or unincorporated, not appropriated to some public use. (3) Property appropriated to public use; but such property shall not be taken unless for a more necessary purpose than that to which it has already been appropriated. (4) Franchises for roads, bridges, and ferries, and all other franchises; but such franchises shall not be taken unless for free highways, free bridges, railroads, or other more necessary public use. (5) All rights of way for any and all the purposes mentioned in section 411 of this title, and any and all structures and improvements thereon, and the lands held and used in connection therewith shall be subject to be connected with, crossed, or intersected by any other right of way or improvements or structures thereon. They shall also be subject to a limited use, in common with the owner thereof, when necessary; but such uses, crossings, intersections, and connections shall be made in manner most compatible with the greatest public benefit and least private injury. (6) All classes of private property not enumerated may be taken for public use when such taking is authorized by law.
V.I. Code tit. 28, § 414 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 19 - Condemnation of Property; Eminent Domain|§ 414. Requirements for taking

 Before property can be taken it must appear— (1) that the use to which it is to be applied is a use authorized by law; (2) if already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use; and (3) that the taking is necessary to such use.
V.I. Code tit. 28, § 415 (2019)
2019 US Virgin Islands Code|Title 28 - Property|Chapter 19 - Condemnation of Property; Eminent Domain|§ 415. Survey, location, and entry on land; possession pending proceedings; damages for dismissal, no award, or abandonment

 (a) In all cases where land is required for public use the government, or its agents in charge of such use, may survey and locate the same, but it shall be located in the manner which will be most compatible with the greatest public good and the least private injury, and subject to the provisions of this chapter. (b) The government or its agents in charge of such public use may enter upon the land and make examinations, surveys, and maps thereof, and such entry shall constitute no cause of action in favor of the owners of the land, except from injuries resulting from negligence, wantonness, or malice. (c) When it appears to the satisfaction of the court at any stage of proceedings that the public interests will be prejudiced by delay, it may direct that the plaintiff be permitted to enter immediately upon the real property to be taken, take possession of the property or any part thereof to the extent of the interest to be acquired, and may proceed with such use thereof or such works thereon or therewith as have been authorized by law, upon the deposit with the court of a sum to be fixed by the court upon a notice to the parties of not less than eight days and such sum when so fixed and paid shall be applied, so far as it may be necessary for that purpose, to the payment of any award that may be made, with interest thereon from the date of the entry of the petitioner upon such real property, and the costs and expenses of the proceeding, and the residue, if any, returned to the plaintiff, and, in case the petition should be dismissed, or no award should be made, or the proceedings should be abandoned by the plaintiff, the court shall direct that the money so deposited, so far as it may be necessary, shall be applied to the payment of any damages which the defendant may have sustained by such entry upon and use of his property, and his costs and expenses of the proceedings, such damages to be ascertained by the court, or a referee to be appointed for that purpose and if the sum so deposited shall be insufficient to pay such damages, and all costs and expenses awarded to the defendant, judgment shall be entered against the plaintiff for the deficiency, to be enforced and collected in the same manner as a judgment in the Superior Court of the Virgin Islands; and the possession of the property shall be restored to the defendant. (d) , (e) [Repealed.]