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<br />eJ <br /> <br />I (c) UPON A REGULATORY DETERMINATION PURSUANT TO SECTION <br />2 25-15-319,5, THE DEPARTMENT MAY INITIATE EFFORTS TO MODIFY OR <br />3 TERMINATE AN ENVIRONMENTAL COVENANT. <br />4 (2) Notwithstanding any other provision of law, including any <br />5 common law reqUirement for privity of estate, an environmental covenant <br />6 MA YNOTBE EXTINGUISHED, LIMITED, OR IMP AIRED THROUGH ISSUANCE OF <br />7 A TAX DEED, FORECLOSURE OF A TAX LIEN, OR THROUGH ADVERSE <br />8 POSSESSION, NOR MAY AN ENVIRONMENTAL COVENANT BE EXTINGUISHED, <br />9 LIMITED, OR IMPAIRED BY REASON OF THE DOCTRINES OF ABANDONMENT, <br />10 WAIVER, LACK OF ENFORCEMENT, PRESCRIPTION, ACQUIESCENCE, OR <br />11 OTHER SIMILAR COMMON LAW PRINCIPLES, An environmental covenant <br />12 THAT COMPLIES WITH THIS SUBPART 2 shall run with the land and shall <br />13 bind the owner of the land, the owner's successors and assigns, and any <br />14 person using the land. <br />15 (3) AN ENVIRONMENTAL COVENANT THAT IS OTHERWISE <br />16 EFFECTIVE IS VALID AND ENFORCEABLE EVEN IF: <br />17 (a) ITIS NOT APPURTENANT TO AN INTEREST IN REAL PROPERTY; <br />18 (b) IT CAN BE OR HAS BEEN ASSIGNED TO A PERSON OTHER THAN <br />19 . THE ORIGINAL HOLDER; <br />20 (c) IT IS NOT OF A CHARACTER THAT HAS BEEN RECOGNIZED <br />21 TRADITIONALLY AT COMMON LAW; <br />22 (d) ITIMPOSES A NEGATIVE BURDEN; <br />23 (e) ITIMPOSES AN AFFIRMATIVE OBLIGATION ON A PERSON HAVING <br />24 AN INTEREST IN THE REAL PROPERTY OR ON THE HOLDER; <br />25 (f) THE BENEFIT OR BURDEN DOES NOT TOUCH OR CONCERN REAL <br />26 PROPERTY; <br />27 (g) THERE IS NO PRIVITY OF ESTATE OR CONTRACT; <br /> <br />e) <br /> <br />e) <br /> <br />-11- <br /> <br />SB05-246 <br />