Section 55-3013 – UNIFORMITY OF APPLICATION AND CONSTRUCTION.
55-3013. UNIFORMITY OF APPLICATION AND CONSTRUCTION. 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. History: [55-3013, added 2006, ch. 15, sec. 1, p. 40.]
Section 55-3014 – RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
55-3014. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, or supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. section 7001 et seq.) but does not modify, limit, or supersede section 101 of that act (15 U.S.C. section 7001(a)) or authorize electronic delivery of any […]
Section 55-3015 – SEVERABILITY.
55-3015. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter. History: [55-3015, added 2006, […]
Section 55-3006 – RELATIONSHIP TO OTHER LAND USE LAW.
55-3006. RELATIONSHIP TO OTHER LAND USE LAW. 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 […]
Section 55-3007 – NOTICE.
55-3007. NOTICE. (1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (a) Each person that signed the covenant; (b) Each person holding a recorded interest in the real property subject to the covenant; (c) Each person in possession of the real property […]
Section 55-3008 – RECORDING.
55-3008. RECORDING. (1) 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. (2) Except as otherwise provided in section 55-3009(3), Idaho […]
Section 55-3009 – DURATION — AMENDMENT BY COURT ACTION.
55-3009. DURATION — AMENDMENT BY COURT ACTION. (1) An environmental covenant is perpetual unless it is: (a) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (b) Terminated by consent pursuant to section 55-3010, Idaho Code; (c) Terminated pursuant to subsection (2) of this section; (d) Terminated […]
Section 55-3010 – AMENDMENT OR TERMINATION BY CONSENT.
55-3010. AMENDMENT OR TERMINATION BY CONSENT. (1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (a) The agency; (b) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant; (c) Each person that originally […]
Section 55-3011 – ENFORCEMENT OF ENVIRONMENTAL COVENANT.
55-3011. ENFORCEMENT OF ENVIRONMENTAL COVENANT. (1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (a) A party to the covenant; (b) The agency or, if it is not the agency, the Idaho department of environmental quality; (c) Any person to whom the covenant expressly […]
Section 55-3012 – REGISTRY — SUBSTITUTE NOTICE.
55-3012. REGISTRY — SUBSTITUTE NOTICE. (1) The Idaho department of environmental quality shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the department of environmental quality […]