Section 455I.1 – Title.

455I.1 Title. This chapter shall be known and cited as the “Uniform Environmental Covenants Act”. 2005 Acts, ch 102, §5

Section 455I.10 – Amendment or termination by consent.

455I.10 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 all of the following: a. The agency. b. The current owner in fee simple of the real property subject to the environmental covenant. c. Each person that originally signed […]

Section 455I.11 – Enforcement of environmental covenant.

455I.11 Enforcement of environmental covenant. 1. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by any of the following: a. A holder or grantor. b. The agency or, if the agency is not the agency with authority to determine or approve the environmental response project, […]

Section 455I.12 – Relation to Electronic Signatures in Global and National Commerce Act.

455I.12 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. §7001 et seq., but does not modify, limit, or supersede section 101(a) of that Act, 15 U.S.C. §7001(a), or authorize electronic delivery of any of the […]

Section 455I.2 – Definitions.

455I.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property. “Activity and use limitations” may include, but is not limited to, restrictions on installation of water wells and other exposure receptors, construction of surface and […]

Section 455I.3 – Nature of rights — subordination of interests.

455I.3 Nature of rights — subordination of interests. 1. 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 […]

Section 455I.4 – Contents of environmental covenant.

455I.4 Contents of environmental covenant. 1. An environmental covenant shall contain all of the following: a. A statement that the instrument is an environmental covenant executed pursuant to this chapter. b. A legally sufficient description of the real property subject to the environmental covenant. c. A description of the activity and use limitations on the […]

Section 455I.5 – Validity — effect on other instruments.

455I.5 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 any of the following applies to the environmental covenant: a. The environmental covenant is not appurtenant to an interest in real […]

Section 455I.6 – Relationship to other land-use law.

455I.6 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 real […]

Section 455I.7 – Notice.

455I.7 Notice. 1. A copy of a recorded environmental covenant shall be provided to each of the following in the manner required by an agency: a. Each person that signed the environmental covenant. b. Each person holding a recorded interest in the real property subject to the environmental covenant. c. Each person in possession of […]

Section 455I.8 – Recording.

455I.8 Recording. 1. An environmental covenant and any amendment or termination of the environmental covenant shall be recorded in every county in which any portion of the real property subject to the environmental covenant is located. For purposes of indexing, a holder shall be treated as a grantee. 2. Except as otherwise provided in section […]

Section 455I.9 – Duration — amendment by court or department action.

455I.9 Duration — amendment by court or department action. 1. An environmental covenant is perpetual unless any of the following occurs: a. The environmental covenant, by its terms, is limited to a specific duration or terminated by the occurrence of a specific event. b. The environmental covenant is terminated by consent pursuant to section 455I.10. […]