Section 35-19-3 – Requirements for Environmental Covenants.
Section 35-19-3 Requirements for environmental covenants. (a) Any person, including a person that owns an interest in the real property, an agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. […]
Section 35-19-4 – Interest Holders; Rights of Holders and Agencies; Priority.
Section 35-19-4 Interest holders; rights of holders and agencies; priority. (a) An environmental covenant must meet all of the following requirements: (1) State that the instrument is an environmental covenant executed pursuant to this chapter. (2) Contain a legally sufficient description of the real property subject to the covenant. (3) Describe the activity and use […]
Section 35-19-5 – Validity and Enforceability of Environmental Covenants.
Section 35-19-5 Validity and enforceability of environmental covenants. (a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if any one or more of the following conditions apply: (1) It is not appurtenant to an interest in real property. […]
Section 35-19-6 – Relation to Zoning and Other Laws Regulating Use.
Section 35-19-6 Relation to zoning and other laws regulating use. 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 […]