[§508C-9]  Duration; amendment by court
action.  (a)  An environmental covenant shall be considered perpetual
unless it is:



(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 508C‑10;



(3)  Terminated pursuant to subsection (b);



(4)  Terminated by foreclosure of an interest that has
priority over the environmental covenant; or



(5)  Terminated or modified in an eminent domain
proceeding; provided that:



(A)  The agency that signed the covenant is a
party to the proceeding;



(B)  All persons identified in section 508C‑10(a)
and (b) are given notice of the pendency of the proceeding; and



(C)  The court determines, after hearing, that
the termination or modification will not adversely affect human health or the
environment.



(b)  If the agency that signed an environmental
covenant determines that the intended benefits of the covenant can no longer be
realized, a court, under the doctrine of changed circumstances, in an action in
which all persons identified in section 508C‑10(a) and (b) have been
given notice, may 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 chapter 91.



(c)  Except as otherwise provided in
subsections (a) and (b), an environmental covenant shall not be extinguished,
limited, or impaired through issuance of a tax deed, foreclosure of a tax lien,
or application of the doctrines of adverse possession, prescription,
abandonment, waiver, lack of enforcement, or acquiescence, or a similar
doctrine. [L 2006, c 279, pt of §2]