Sale, lease or other disposition of government real property

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  • (a) Except as otherwise provided in subsection (d), no real property including improvements thereon owned by the Government of the Virgin Islands (which property is hereafter referred to in this section as “government real estate”) shall be sold, leased, or otherwise disposed of except in accordance with the provisions of this section.

  • (b) The Governor of the Virgin Islands shall approve, on behalf of the Government of the Virgin Islands, all conveyances, leases or other instruments relating to the disposition of government real estate. No conveyances, lease, or other disposition of government real estate shall be deemed binding on the Government of the Virgin Islands except with the written approval of the Governor of the Virgin Islands, on behalf of the Government of the Virgin Islands, evidenced upon the deed, lease or other instrument relating to disposition.

  • (c) In addition to the required approval of the Governor as provided for in subsection (b) of this section, no sale, exchange, lease or sublease of government real estate, nor any use permit of the same for a term exceeding one year (including the period of any allowable extensions or renewals) nor sublease of government real estate for a term exceeding five years (including the period of any allowable extensions or renewals) shall be deemed binding upon the Government of the Virgin Islands, unless and until (1) such proposed sale or exchange or such proposed lease or sublease shall have been submitted to the Legislature, while in regular or special session, (2) shall have been approved by the Legislature; provided, that leases or subleases for a term of not to exceed five years and use permits for a term of over one year but not to exceed five years shall be effective and binding if submitted to and approved by the Committee on Finance of the Legislature when the Legislature is not in session.

  • (d) This section shall not be applicable to the disposition of government real estate under the provisions of:

    • (1) Chapter 1, Title 21, related to the homestead program;

    • (2) Subchapter IX [of chapter 1], Title 29, Relating to Home Ownership and Development; or

    • (3) Any agreements, contracts, leases or other undertakings made in fulfillment of or pursuant to directions or authorization of the Legislature prior to April 1, 1964.

  • (e) Nothing in this section shall be deemed to affect the competency or legal authority of any department, board, commission, agency, authority or instrumentality, corporate or otherwise, of the Government of the Virgin Islands to participate in, or to enter into and carry out programs in connection with any programs of the federal government or the government of any other state which is otherwise authorized by law.

  • (f) No portion of a “shoreline” as defined in section 402 of chapter 10 of Title 12 of this code, shall be sold, leased or otherwise disposed of by the Government of the Virgin Islands; excepting only leases for concession stands when such leases are approved in accordance with this section.

  • (g) No real property owned or controlled by the Government of the Virgin Islands or any agency or instrumentality thereof, including the Virgin Islands Port Authority, which real property is in close proximity to any sandy beach owned or controlled by the Government of the Virgin Islands or any agency or instrumentality thereof, shall be cleared, graded, filled, or otherwise disturbed for any purpose or use including but not limited to the erection or construction of any building or structure, the quarrying of stone and the construction of streets and roads unless—

    • (1) all Earth Change Permits are obtained from the Department of Planning and Natural Resources pursuant to chapter 13 of Title 12 of this code; and

    • (2) such Earth Change Permits are approved in writing by the Governor and the Legislature or the Committee on Planning and Natural Resources of the Legislature when the Legislature is not in session.

    • (3) Public hearings shall be held by the agency or department concerned with respect to any proposed earth changes or improvements prior to commencement of any undertaking.

  • (h) The provisions of subsection (g) of this section shall not be applicable to developments in the coastal zone, as those terms are defined in Title 12, chapter 21 of this Code.

  • (i) No real property located in the coastal zone, as defined in Title 12, chapter 21 of this Code, owned by any public agency shall be sold, conveyed or otherwise disposed of for uses or purposes inconsistent with the provisions of Title 12, chapter 21 of this Code.

  • (j) No real property owned or controlled by the Government of the Virgin Islands, or any agency or instrumentality of the Government, may be sold, exchanged, leased, subleased, licensed or permitted to be used for the siting a wireless facility or wireless support structure, unless such conveyance includes an agreement for reasonably accommodating the collocation of a government communication facility at no expense to the Government, unless the Bureau of Information Technology certifies to the Commissioner of Property and Procurement that the collocation is not essential to the public interest.


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