§ 89-25-3. Statutory rule against perpetuities
A nonvested property interest is invalid unless: When the interest is created, it is certain to vest or terminate no later than twenty-one (21) years after the death of an individual then alive; or The interest either vests or terminates within ninety (90) years after its creation. A general power of appointment not presently exercisable […]
§ 89-25-5. When nonvested property interest or power of appointment is created
Except as provided in subsections (2), (3) and (4) of this section and in Section 89-25-11(1), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. For purposes of this chapter, if there is a person who alone can exercise a power created […]
§ 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 […]
§ 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 […]