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 the real property subject to them which the Department of Planning and Natural Resources considers appropriate. The registry is a public record for purposes of title 3 Virgin Islands Code, chapter 33.

  • (b) After an environmental covenant or an amendment or termination of a covenant is filed in the registry pursuant to subsection (a), a notice of the covenant, amendment, or termination which complies with this section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain:

    • (1) a legally sufficient description and any available street address or parcel or plot number of the real property;

    • (2) the name and address of the owner of the real property, the agency, and the holder, if other than the agency;

    • (3) a statement that the covenant, amendment, or termination is available in a registry at the Department of Planning and Natural Resources, and disclosing the method of any electronic access; and

    • (4) a statement that the notice is notification of an environmental covenant executed pursuant to title 28 Virgin Islands Code, chapter 18.

  • (c) A statement in substantially the following form, executed with the same formalities as a deed in this territory, satisfies the requirements of subsection (b):

    • (1) This notice is filed in the land records, of the [political subdivision] of [insert name of jurisdiction in which the real property is located] pursuant to section 392 of the Uniform Environmental Covenants Act, title 28 Virgin Islands Code, chapter 18.

    • (2) This notice and the covenant, amendment or termination to which it refers may impose significant obligations with respect to the property described below.

    • (3) A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant, is [insert address of property] [not available].

    • (4) The name and address of the owner of the real property on the date of this notice is [insert name of current owner of the property and the owner's current address as shown on the records of the jurisdiction in which the property is located].

    • (5) The environmental covenant, amendment or termination was signed by [insert name and address of the agency].

    • (6) The environmental covenant, amendment, or termination was filed in the registry on [insert date of filing].

    • (7) The full text of the covenant, amendment, or termination and any other information required by the agency is on file and available for inspection and copying in the registry maintained for that purpose by the Department of Planning and Natural Resources, Division of Environmental Protection at Cyril E. King Airport, Terminal Building, 2nd Floor, St. Thomas, Virgin Islands 00802. The covenant, amendment or termination may be found electronically at www.dpnr.gov.vi.


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