US Lawyer Database

§ 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, […]

§ 89-21-7. Form of disclaimer

The disclaimer must (a) describe the property or interest disclaimed, (b) declare the disclaimer and extent thereof, and (c) be signed by the disclaimant.

§ 89-21-9. Effect of disclaimer

The effects of a disclaimer are: If property or an interest therein devolves to a disclaimant under a testamentary instrument, under a power of appointment exercised by a testamentary instrument, or under the laws of intestacy, and the decedent has not provided for another disposition of that interest, should it be disclaimed, or of disclaimed […]

§ 89-21-11. Waiver and bar

The right to disclaim property or an interest therein is barred by (a) an assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor, (b) a written waiver of the right to disclaim, (c) an acceptance of the property or interest or a benefit under it, or (d) a sale […]

§ 89-21-13. Remedy not exclusive

This chapter does not abridge the right of person to waive, release, disclaim, or renounce property or an interest therein under any other statute.

§ 89-21-15. Application

An interest in property that exists on July 1, 1994, as to which, if a present interest, the time for filing a disclaimer under this chapter has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within nine (9) months after July […]