§ 49-35-19. Enforcement of land-use restrictions or engineering controls.
(1) Any land-use restriction or engineering control in a brownfield agreement and in a notice of brownfield agreement site filed under this section may be enforced by:
(a) Any current owner of the brownfield agreement site;
(b) The commission, by initiating an administrative proceeding or by filing a civil action, without first having exhausted all available administrative remedies;
(c) Any local government having jurisdiction over any part of the brownfield agreement site by filing a civil action, without the local government having first exhausted all available administrative remedies; or
(d) Any person provided liability protection under this article who will lose liability protection if the land-use restriction or engineering control is violated.
(2) Adjacent property owners may enforce any land-use restriction contained in a brownfield agreement or in a notice of brownfield agreement site filed under this section.
(3) A land-use restriction or engineering control shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular brownfield property within the brownfield agreement site. Any person who owns or leases brownfield property within the brownfield agreement site subject to a land-use restriction or engineering control under this section shall abide by the land-use restriction or engineering control.
Sources: Laws, 1998, ch. 528, § 10, eff from and after July 1, 1998.
§ 49-35-19. Enforcement of land-use restrictions or engineering controls.
(1) Any land-use restriction or engineering control in a brownfield agreement and in a notice of brownfield agreement site filed under this section may be enforced by:
(a) Any current owner of the brownfield agreement site;
(b) The commission, by initiating an administrative proceeding or by filing a civil action, without first having exhausted all available administrative remedies;
(c) Any local government having jurisdiction over any part of the brownfield agreement site by filing a civil action, without the local government having first exhausted all available administrative remedies; or
(d) Any person provided liability protection under this article who will lose liability protection if the land-use restriction or engineering control is violated.
(2) Adjacent property owners may enforce any land-use restriction contained in a brownfield agreement or in a notice of brownfield agreement site filed under this section.
(3) A land-use restriction or engineering control shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular brownfield property within the brownfield agreement site. Any person who owns or leases brownfield property within the brownfield agreement site subject to a land-use restriction or engineering control under this section shall abide by the land-use restriction or engineering control.
Sources: Laws, 1998, ch. 528, § 10, eff from and after July 1, 1998.
§ 49-35-19. Enforcement of land-use restrictions or engineering controls.
(1) Any land-use restriction or engineering control in a brownfield agreement and in a notice of brownfield agreement site filed under this section may be enforced by:
(a) Any current owner of the brownfield agreement site;
(b) The commission, by initiating an administrative proceeding or by filing a civil action, without first having exhausted all available administrative remedies;
(c) Any local government having jurisdiction over any part of the brownfield agreement site by filing a civil action, without the local government having first exhausted all available administrative remedies; or
(d) Any person provided liability protection under this article who will lose liability protection if the land-use restriction or engineering control is violated.
(2) Adjacent property owners may enforce any land-use restriction contained in a brownfield agreement or in a notice of brownfield agreement site filed under this section.
(3) A land-use restriction or engineering control shall not be declared unenforceable due to lack of privity of estate or contract, due to lack of benefit to particular land, or due to lack of any property interest in particular brownfield property within the brownfield agreement site. Any person who owns or leases brownfield property within the brownfield agreement site subject to a land-use restriction or engineering control under this section shall abide by the land-use restriction or engineering control.
Sources: Laws, 1998, ch. 528, § 10, eff from and after July 1, 1998.
