§ 89-23-1. Short title
This chapter may be cited as the Mississippi Uniform Environmental Covenants Act.
§ 89-23-11. Relation of this chapter to other land-use laws
This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning […]
§ 89-23-13. Notice requirement; penalty for failure to provide notice
A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: Each person that signed the covenant; Each person holding a recorded interest in the real property subject to the covenant; Each person in possession of the real property subject to the covenant; Each municipality […]
§ 89-23-15. Recording of environmental covenant, amendment, and termination
An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. Except as otherwise provided in Section 89-23-17(b), an environmental covenant is subject […]
§ 89-23-17. Duration of environmental covenants
An environmental covenant is perpetual unless it is: By its terms limited to a specific duration or terminated by the occurrence of a specific event; Terminated by consent pursuant to Section 89-23-19; Terminated by foreclosure of an interest that has priority over the environmental covenant; Terminated or modified in an eminent domain proceeding, but only […]
§ 89-23-19. Amendment or termination of environmental covenant; consent
An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: The agency; Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant; The commission, unless it waives its participation; Each person that originally signed the covenant, […]
§ 89-23-21. Violation of environmental covenant; injunctive relief
A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: A party to the covenant; The agency; The commission; Any person to whom the covenant expressly grants power to enforce; A person whose interest in the real property or whose collateral or liability may be affected […]
§ 89-23-23. Application and construction of chapter
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 89-23-25. Relation of chapter to federal law
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 USCS Section 7001 et seq.) but does not modify, limit, or supersede Section 101 of that act (15 USCS Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of that act (15 […]
§ 89-23-27. Severability
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
§ 89-23-3. Definitions
In this chapter: “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property. “Agency” means the Mississippi Department of Environmental Quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. “Common interest community” means […]
§ 89-23-5. Holder defined; rights and obligations; subordination of rights
Any person, including a person that owns an interest in the real property, a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one (1) holder. The interest of a holder is an interest in real property. A right of an agency under this chapter or […]
§ 89-23-7. Contents of environmental covenant
An environmental covenant must: State that the instrument is an environmental covenant executed pursuant to this chapter; Contain a legally sufficient description of the real property subject to the covenant; Describe the activity and use limitations on the real property; Identify every holder; Be signed by the agency, every holder, and unless waived by the […]
§ 89-23-9. Validity of environmental covenant; effect on other instruments
An environmental covenant that complies with this chapter runs with the land. An environmental covenant that is otherwise effective is valid and enforceable even if: It is not appurtenant to an interest in real property; It can be or has been assigned to a person other than the original holder; It is not of a […]