Why Sen. Donastorg Keeps Pushing Repeal Of Tax Lien Law – And Why You Should Care
Meanwhile, Barry urges property owners to verify amounts due on 2006 tax bills
There are two good reasons that Sen. Adlah “Foncie” Donastorg continues the fight to repeal a section of the VI Code that allows the government to sell property tax liens to third parties for collection.Â
The first reason is because as long as that law is on the books, property is at risk.Â
The second reason is a company called Chilmark, registered to and operated by one Gov. John P. deJongh, Jr.Â
Sen. Adlah "Foncie" Donastorg
Donastorg has repeatedly advocated for the repeal of legislation passed in 1999 that allows property tax liens to be sold by the Government and during Tuesday’s Senate Session he made another attempt to protect local property owners from this law. The eight members of the Senate Majority refused to support Donastorg’s effort to get the tax lien sale repeal on the agenda.Â
Bill 28-0239, authored by Donastorg, takes away all authority for the Government to sell property tax liens to an outside bank or collection agency. Â The bill is now set to be heard in Committee on August 31. (attached)Â
 “Residents are now in the uncomfortable position of owing several years of taxes through no fault of their own,” Donastorg said. “Given the chaotic situation created by the de Jongh Administration we must take away their power to sell the collection of these taxes to a third party.” “I can only believe they are going along with the Governor’s plan to sell these tax liens,” Donastorg said. “It’s no secret that it was in (Governor John P.) de Jongh’s original borrowing bill and was only removed when I pointed out that such a law was already on the books. Given the track record of this Majority and this Administration we all must remain concerned.”Â
With taxpayers facing four years of unpaid tax bills, the probability of a significant number of properties facing liens because of delinquency is high. Enter Chilmark and deJongh.Â
As the attached documents show, Chilmark Investments Corporation, LLC, became a licensed entity in the US Virgin Islands in 2003. A web based search on Chilmark states, “In 2003, John (deJongh) along with his good friend Desmond Skeete, established Chilmark Partners, LLC to do financial advisory work in the Eastern Caribbean. They have undertaken engagements in the British Virgin Islands, Dominica, Saint Lucia, and Barbados involving real estate, banking, and insurance.”
Documents on file with the Virgin Islands Lt, Governor’s office show the sole manager and signer of the 2005 Certification and Annual Report, as John P. deJongh, Jr. We are unaware of any more recent document showing a change in management or ownership, therefore, the Governor appears to be the sole authorized manager of a company whose reasons for existing include the ability to buy properties Virgin Islanders may have to forfeit if they cannot meet the impending tax expense.Â
We leave you to draw your own conclusions. And if more recent valid documents exist that show a change in Chilmark management, we will be happy to print them.Â
Absent those, however, we are left with another curious development in the continuing saga of uncollected property taxes and yet another apparent conflict of interest in the workings of this Governor. Are we the only ones who see an inappropriate connection between the Territory’s Chief Executive Officer, at whose direction taxes have not been collected, and his direct involvement in a company poised to reap great financial benefit at the consequences of multiple years of taxes being owed may bring to property owners?Â
Is Your 2006 Tax Bill Correct?
As the 2006 bills begin to be received, residents are cautioned to make sure that the amount they are being charged is reflective of the 1998 assessment level. Myrtle Barry of the VI Unity Day Group, provided the following information to CIF.Â
“The residents of the Virgin Islands need to compare their 2006 property tax bill with their 1998 bill to insure that both bills reflect the same assessed values, rate, exemption and tax,” she wrote. “The tax assessor is not authorized to perform new assessments as the District Court has cited violations in practice since the fall of 2000.”
Barry explained that under the Governor Charles Turnbull administration a company called Bearing Point was contracted to provide a mass appraisal of all the properties in the Territory. Under the deJongh administration, she said, Bearing Point delivered “flawed, useless data and was allowed to leave with over $6.5 million (in Government funds) and without a hint of accountability or recourse.”
Barry advises property owners. “If there is any conflict with the data on your tax bill, file a formal appeal with the Board of Tax Review and forward a copy of both property tax bills this address:
Myrtle Barry, Chairperson
Real Property Committee
VIRGIN ISLANDS UNITY DAY GROUP, INC.
P.O. BOX 371, ST. JOHN, VIÂ 00831-0371
viunitydaygroup@yahoo.comÂ
Barry has already cited cases of recently distributed property tax bills showing significant increases from the 1998 value and encourages taxpayer to provide their information for use in any future legal action the organization may initiate.Â
“It is the intent of the Virgin Islands Unity Day Group, Inc. to pay our property tax bills when presented accurately, timely and lawfully,” Barry said. “The plight is that after 10 years we are still waiting for the government to get it right. “
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