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.

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