Section 55-3001 – SHORT TITLE.
55-3001. SHORT TITLE. This chapter shall be known and may be cited as the "Uniform Environmental Covenants Act." History: [55-3001, added 2006, ch. 15, sec. 1, p. 35.]
Section 55-3002 – DEFINITIONS.
55-3002. DEFINITIONS. As used in this chapter: (1) "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property. (2) "Agency" means the Idaho 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 […]
Section 55-3003 – NATURE OF RIGHTS — SUBORDINATION OF INTERESTS.
55-3003. NATURE OF RIGHTS — SUBORDINATION OF INTERESTS. (1) Any person, including a person that owns an interest in the real property, the agency, or 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 […]
Section 55-3004 – CONTENTS OF ENVIRONMENTAL COVENANT.
55-3004. CONTENTS OF ENVIRONMENTAL COVENANT. (1) An environmental covenant must: (a) State that the instrument is an environmental covenant executed pursuant to this chapter; (b) Contain a legally sufficient description of the real property subject to the covenant; (c) Describe the activity and use limitations on the real property; (d) Identify every holder; (e) Be […]
Section 55-3005 – VALIDITY — EFFECT ON OTHER INSTRUMENTS.
55-3005. VALIDITY — EFFECT ON OTHER INSTRUMENTS. (1) An environmental covenant that complies with this chapter runs with the land. (2) An environmental covenant that is otherwise effective is valid and enforceable even if: (a) It is not appurtenant to an interest in real property; (b) It can be or has been assigned to a […]