Why Sen. Donastorg Keeps Pushing Repeal Of Tax Lien Law – And Why You Should Care

July 30, 2010

Meanwhile, Barry urges property owners to verify amounts due on 2006 tax bills

property taxesThere 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. 

The first reason is because as long as that law is on the books, property is at risk. 

The second reason is a company called Chilmark, registered to and operated by one Gov. John P. deJongh, Jr. 

Sen. Adlah "Foncie" Donastorg

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. 

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.  The bill is now set to be heard in Committee on August 31. (attached) 

 “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.” 

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. 

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. 

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. 

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? 

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. 

“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, VI  00831-0371
viunitydaygroup@yahoo.com 

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. 

“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. “

1999 Tax Lien Law and Chilmark Documents

Bill 28-0239 To Repeal Tax Lien Law

2003 Tax Case Injunction and Opinion

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59 Responses to Why Sen. Donastorg Keeps Pushing Repeal Of Tax Lien Law – And Why You Should Care

  1. Anonymous on August 1, 2010 at 3:23 pm

    I always wanted there to be a Mapp/Donastorg team. That’s water under the bridge now. It’s only right that the General is a Mapp/Sekou and Donastorg/Baptiste. Mapp will win but Donastorg should be the challenger.

  2. Anonymous on August 1, 2010 at 3:43 pm

    So wait, in 2010 we’re supposed to believe Mapp could tell people who to vote for? Sorry Foncie, you called Mapp too many names right on this blog for me to ever vote for you. Nice try, but you’re cheap shot ain’t working.

  3. BOYCOTT HOLDING on August 1, 2010 at 3:46 pm

    LADIES AND GENTLEMEN THE BOYCOTT IS HOLDING!!!!!!!!

    FREEDOM CITY REMAINS DESERTED WITH THE EXCEPTION OF CULT MEMBERS FROM THE DE JONGH LUZ JAMES RESTORE CORRUPTION CAMPAIGN!!!!

    STAND FIRM ST. CROIX, STAND FIRM!!!!

  4. Mapp/Sekou on August 1, 2010 at 4:09 pm

    Mapp will be the only crucian and best candidate in General. Luz will not get our support!

  5. Anonymous on August 1, 2010 at 4:13 pm

    @anon 3:43 it has nothing to do with Mapp telling people who to vote for. Mapp would never do that. Your either behind Mapp or against him. Luz trying to tear St Croix apart. What you think will happen in the general election.

    You don’t have to vote for foncie. Don’t give no one your vote.

  6. Anonymous on August 1, 2010 at 8:59 pm

    Excuse me Anon @ 4k13, but I don’t need you or anybody to define my position on the gubernatorial race. I want a Crucian governor and neither Mapp or James can come with this dumb argument that the other is tearing St. Croix apart because the other is running for governor. This is an election, not some entitlement. Suporters for certain candidates are posting stuff on CIF like if their choice is OWED a vote. We owe the candidates nothing. None of them. I hope I’ve made myself clear.

  7. Anonymous on August 2, 2010 at 10:17 am

    I want a Virgin Islands Governor. Why would I want to support any candidate that is campaigning on favoring one island over the other? Luz and Mapp have lost several elections between them for a reason. People are not that interested, especially in Luz.

  8. Anonymous on August 2, 2010 at 12:14 pm

    I am so turned off by Luz supporters comments. I want a crucian gov, I want a crucian gov, I want a crucian gov. Stop your ignorant crap. Mapp is Crucian and he will be Gov. Not because he is crucian but because he can do better!

  9. Observant on August 4, 2010 at 11:59 am

    Point.

  10. Anonymous on August 4, 2010 at 12:10 pm

    I want a Virgin Islands Governor. Everytime they say ‘I want a crucian gov’ I remember all those crucians that get into office and forget about st croix. I need a gov that really cares about what happens to the VI no matter what island you were born.

  11. Anonymous on August 4, 2010 at 12:46 pm

    We want Foncie or Mapp.

  12. Luz Supporter on August 4, 2010 at 1:26 pm

    Don’t vote for Crucian want to be Mapp. He knows nothing about St. Croix. He only comes around when he want our votes. He has done nothing to help get rid of de Jongh in the primary.

    Vote James/Smith 2010 in the primary. We will rid the VI of all island people from the Eastern islands. It will either be Luz or de Jongh in January 2011.

  13. Anonymous on August 4, 2010 at 1:38 pm

    Duncie and Mapp are two of the same. They both feel that only them should be Governor. Well we have news for you two. Luz is taking over St Croix so move your dirty Tomain A#S and your garrot A#S out the way.

    You hear the buzz?

  14. Anonymous on August 4, 2010 at 1:41 pm

    Mapp is a crucian traitor. He won’t support Luz in the Primary.

  15. Anonymous on August 4, 2010 at 5:54 pm

    Luz regardless of wa u say its foncie or Mapp.

  16. Anonymous on August 5, 2010 at 2:35 am

    Hey, can we finally put up a pole now with the three teams.

    Who will win the Democratic Primary Election? I am sure Governor dejongh will mysteriously end up drawing the number 1 slot again this election. Ask Leslie Commissiong. So CIF, lets get this poll up to see the results. I am curious.

  17. Anonymous on August 13, 2010 at 10:02 am

    Ha, Ha! That’s all you de Jongh people have? A bunch of fake charges against Donastorg by an incompetent de Jongh Administration. No one is listening to you de Jongh. Get it threw your tiny brain. YOUR PLAN DID NOT WORK!

  18. Anonymous on August 13, 2010 at 11:15 am

    All they can say about Donastorg is lies. They need to be ashamed of themselves. All of them.

  19. Jack Spanya on August 13, 2010 at 11:38 am

    Back off Donastorg. You probably gonna be beggin him for a job in 2011.

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