§ 44-16-9. Limitation of Environmental Covenant
An environmental covenant shall be perpetual, which shall be stated in such covenant, 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 Code Section 44-16-10; Terminated pursuant to subsection (b) of this Code section; Terminated by foreclosure of an […]
§ 44-16-10. Amendment or Termination; Interest in Environmental Covenant Not Affected by Amendment; Role of Court
An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: The agency; The current owner of the fee simple of the real property subject to the covenant; Each person that originally signed the covenant, unless the person waived in a signed record the right to consent […]
§ 44-16-11. Liability for Violation and Enforcement of Environmental Covenant
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; Any person to whom the covenant expressly grants power to enforce; Any owner in fee simple whose property abuts the property subject to the environmental covenant, if harm occurs […]
§ 44-16-12. Maintenance of Registry
The agency may establish and maintain a registry that contains all environmental covenants and any amendment or termination of such covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the agency considers appropriate. The registry, if established, shall be a public record for purposes […]