LEG00267

• Bill Number: SB05-246
• Year: 2005
• Title: Concerning environmental covenants, and, in connection therewith, establishing conformity with the "Uniform Environmental Covenants Act" with respect to the role of holders of enforcement rights, the
• Legislation - Doc Type: Other CWCB Related Bills - Killed

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W,h01l1n~nta1 cO~e-nant be. lxtingnishc.d, linlite-d, or impaited by le.ason

of the doet:J:ines of aballdOnhKnt, ",aive-r, lack of enfoIe-c.n.I~nt, 01 OtllCl

.

3 Com11101l Ian pI;'u~ipks Id"ti:h~ to covehaIl1s, or by ;he U:~e-isc. of

4 Wtlnwt domain, OR TERMINATED BY THE OCCURRENCE OF ASPECIFIED

5 EVENT;

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(II) TERMINATED BY CONSENT WITH THE APPROVAL OF THE

7 DEPARTMENT PURSUANT TO SECTION 25-15-319,5;

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(III) TERMINATED OR MODIFIED IN AN EMINENT DOMAIN

9 PROCEEDING, BUT ONLY IF:
10 (A) THEDEPARTMENTIS A PARTY TO THE PROCEEDING;
11 (B) ALL PERSONS IDENTIFIED IN THE COVENANT ARE GIVEN NOTICE
12 OF THE PENDENCY OF THE PROCEEDING; AND
13 (C) THE COURT DETERMINES, AFTER A HEARING, THAT THE

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TERMINATION OR MODIFICATION WILL NOT ADVERSELY AFFECT HUMAN

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15 HEALTH OR THE ENVIRONMENT; OR
16 (IV) TERMINATED BY FORECLOSURE OF AN INTEREST THAT HAS
17 PRIORITY OVER THE ENViRONMENTAL COVENANT.
18 (b) UPON A DETERMINATION BY THE DEPARTMENT THAT THE
19 INTENDED BENEFITS OF THE ENVIRONMENTAL COVENANT CAN NO LONGER.
20 BE REALIZED, A COURT UNDER THE DOCTRINE OF CHANGED CIRCUMSTANCE
21 MAY TERMINATE THE COVENANT OR REDUCE ITS BURDEN UPON THE
22 SUBJECT REAL PROPERTY , IN SUCH AN ACTION, ALL PARTIES IDENTIFIED IN
23 SECTION 25-15-319,5 SHALL BE GIVEN NOTICE. THE DEPARTMENT'S
24 DETERMINATION OR FAILURE TO MAKE A DETERMINATION PURSUANT TO
25 THIS PARAGRAPH (b) IS SUBJECT TO REVIEW UNDER THE "STATE
26 ADMINISTRATIVE PROCEDURE ACT", ARTICLE 4 OF TITLE 24, C.R.S., AND

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SECTION 25-15-308 (3),

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SB05-246