Covenants are perpetual, exceptions--department may terminatecovenants, when.
260.1024. 1. An environmental covenant is perpetual unless it is:
(1) By its terms, limited to a specific duration or terminated by theoccurrence of a specific event;
(2) Terminated by consent under section 260.1027;
(3) Terminated by subsection 2 of this section;
(4) Terminated by foreclosure of an interest that has priority overthe environmental covenant; or
(5) Terminated or modified in an eminent domain proceeding, but onlyif:
(a) The department that signed the covenant is a party to theproceeding;
(b) All persons identified in section 260.1027 are given notice ofthe pendency of the proceeding; and
(c) The court determines, after hearing, that the termination ormodification will not adversely affect human health, public welfare, or theenvironment.
2. If the department that signed an environmental covenant hasdetermined that the intended benefits of the covenant can no longer berealized, a court, under the doctrine of changed circumstances, in anaction in which all persons identified in section 260.1027 have been givennotice, may terminate the covenant or reduce its burden on the realproperty subject to the covenant. The department's determination or itsfailure to make a determination upon request is subject to review underchapter 536, RSMo.
3. Except as otherwise provided in subsections 1 and 2 of thissection, an environmental covenant may not be extinguished, limited, orimpaired through issuance of a tax deed, foreclosure of a tax lien, orapplication of the doctrine of adverse possession, prescription,abandonment, waiver, lack of enforcement, or acquiescence, or any similardoctrine.
4. An environmental covenant may not be extinguished, limited, orimpaired by the application of chapter 442, RSMo, or chapter 444, RSMo.
Covenants are perpetual, exceptions--department may terminatecovenants, when.
260.1024. 1. An environmental covenant is perpetual unless it is:
(1) By its terms, limited to a specific duration or terminated by theoccurrence of a specific event;
(2) Terminated by consent under section 260.1027;
(3) Terminated by subsection 2 of this section;
(4) Terminated by foreclosure of an interest that has priority overthe environmental covenant; or
(5) Terminated or modified in an eminent domain proceeding, but onlyif:
(a) The department that signed the covenant is a party to theproceeding;
(b) All persons identified in section 260.1027 are given notice ofthe pendency of the proceeding; and
(c) The court determines, after hearing, that the termination ormodification will not adversely affect human health, public welfare, or theenvironment.
2. If the department that signed an environmental covenant hasdetermined that the intended benefits of the covenant can no longer berealized, a court, under the doctrine of changed circumstances, in anaction in which all persons identified in section 260.1027 have been givennotice, may terminate the covenant or reduce its burden on the realproperty subject to the covenant. The department's determination or itsfailure to make a determination upon request is subject to review underchapter 536, RSMo.
3. Except as otherwise provided in subsections 1 and 2 of thissection, an environmental covenant may not be extinguished, limited, orimpaired through issuance of a tax deed, foreclosure of a tax lien, orapplication of the doctrine of adverse possession, prescription,abandonment, waiver, lack of enforcement, or acquiescence, or any similardoctrine.
4. An environmental covenant may not be extinguished, limited, orimpaired by the application of chapter 442, RSMo, or chapter 444, RSMo.
Covenants are perpetual, exceptions--department may terminatecovenants, when.
260.1024. 1. An environmental covenant is perpetual unless it is:
(1) By its terms, limited to a specific duration or terminated by theoccurrence of a specific event;
(2) Terminated by consent under section 260.1027;
(3) Terminated by subsection 2 of this section;
(4) Terminated by foreclosure of an interest that has priority overthe environmental covenant; or
(5) Terminated or modified in an eminent domain proceeding, but onlyif:
(a) The department that signed the covenant is a party to theproceeding;
(b) All persons identified in section 260.1027 are given notice ofthe pendency of the proceeding; and
(c) The court determines, after hearing, that the termination ormodification will not adversely affect human health, public welfare, or theenvironment.
2. If the department that signed an environmental covenant hasdetermined that the intended benefits of the covenant can no longer berealized, a court, under the doctrine of changed circumstances, in anaction in which all persons identified in section 260.1027 have been givennotice, may terminate the covenant or reduce its burden on the realproperty subject to the covenant. The department's determination or itsfailure to make a determination upon request is subject to review underchapter 536, RSMo.
3. Except as otherwise provided in subsections 1 and 2 of thissection, an environmental covenant may not be extinguished, limited, orimpaired through issuance of a tax deed, foreclosure of a tax lien, orapplication of the doctrine of adverse possession, prescription,abandonment, waiver, lack of enforcement, or acquiescence, or any similardoctrine.
4. An environmental covenant may not be extinguished, limited, orimpaired by the application of chapter 442, RSMo, or chapter 444, RSMo.
