1. Perpetual duration. An environmental covenant is perpetual unless it is:
A. By its terms limited to a specific duration or terminated by the occurrence of a specific event; [2005, c. 370, §1 (NEW).]
B. Terminated by consent pursuant to section 3010; [2005, c. 370, §1 (NEW).]
C. Terminated pursuant to subsection 2; [2005, c. 370, §1 (NEW).]
D. Terminated by operation of other laws of this State governing priority of interests; or [2005, c. 370, §1 (NEW).]
E. Terminated or modified in an eminent domain proceeding, but only if:
(1) The agency that signed the covenant is a party to the proceeding;
(2) All persons identified in section 3010, subsections 1 and 2 are given notice of the pendency of the proceeding; and
(3) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment. [2005, c. 370, §1 (NEW).]
[ 2005, c. 370, §1 (NEW) .]
2. Intended benefits can no longer be realized. If the agency that signed an environmental covenant has determined 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 3010, subsections 1 and 2 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.
[ 2005, c. 370, §1 (NEW) .]
3. Extinguished, limited or impaired. Except as otherwise provided in subsections 1 and 2, an environmental covenant may not be extinguished, limited or impaired through issuance of a tax deed or foreclosure of a tax lien or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement or acquiescence or a similar doctrine.
[ 2005, c. 370, §1 (NEW) .]
4. Laws governing marketable title and dormant mineral interests. An environmental covenant may not be extinguished, limited or impaired by application of laws governing marketable title and dormant mineral interests.
1. Perpetual duration. An environmental covenant is perpetual unless it is:
A. By its terms limited to a specific duration or terminated by the occurrence of a specific event; [2005, c. 370, §1 (NEW).]
B. Terminated by consent pursuant to section 3010; [2005, c. 370, §1 (NEW).]
C. Terminated pursuant to subsection 2; [2005, c. 370, §1 (NEW).]
D. Terminated by operation of other laws of this State governing priority of interests; or [2005, c. 370, §1 (NEW).]
E. Terminated or modified in an eminent domain proceeding, but only if:
(1) The agency that signed the covenant is a party to the proceeding;
(2) All persons identified in section 3010, subsections 1 and 2 are given notice of the pendency of the proceeding; and
(3) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment. [2005, c. 370, §1 (NEW).]
[ 2005, c. 370, §1 (NEW) .]
2. Intended benefits can no longer be realized. If the agency that signed an environmental covenant has determined 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 3010, subsections 1 and 2 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.
[ 2005, c. 370, §1 (NEW) .]
3. Extinguished, limited or impaired. Except as otherwise provided in subsections 1 and 2, an environmental covenant may not be extinguished, limited or impaired through issuance of a tax deed or foreclosure of a tax lien or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement or acquiescence or a similar doctrine.
[ 2005, c. 370, §1 (NEW) .]
4. Laws governing marketable title and dormant mineral interests. An environmental covenant may not be extinguished, limited or impaired by application of laws governing marketable title and dormant mineral interests.
1. Perpetual duration. An environmental covenant is perpetual unless it is:
A. By its terms limited to a specific duration or terminated by the occurrence of a specific event; [2005, c. 370, §1 (NEW).]
B. Terminated by consent pursuant to section 3010; [2005, c. 370, §1 (NEW).]
C. Terminated pursuant to subsection 2; [2005, c. 370, §1 (NEW).]
D. Terminated by operation of other laws of this State governing priority of interests; or [2005, c. 370, §1 (NEW).]
E. Terminated or modified in an eminent domain proceeding, but only if:
(1) The agency that signed the covenant is a party to the proceeding;
(2) All persons identified in section 3010, subsections 1 and 2 are given notice of the pendency of the proceeding; and
(3) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment. [2005, c. 370, §1 (NEW).]
[ 2005, c. 370, §1 (NEW) .]
2. Intended benefits can no longer be realized. If the agency that signed an environmental covenant has determined 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 3010, subsections 1 and 2 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.
[ 2005, c. 370, §1 (NEW) .]
3. Extinguished, limited or impaired. Except as otherwise provided in subsections 1 and 2, an environmental covenant may not be extinguished, limited or impaired through issuance of a tax deed or foreclosure of a tax lien or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement or acquiescence or a similar doctrine.
[ 2005, c. 370, §1 (NEW) .]
4. Laws governing marketable title and dormant mineral interests. An environmental covenant may not be extinguished, limited or impaired by application of laws governing marketable title and dormant mineral interests.
