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 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.


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