Section 260.1012 – Enforceability of covenants, criteria.
Effective – 01 Jan 2008 260.1012. Enforceability of covenants, criteria. — 1. An environmental covenant that complies with sections 260.1000 to 260.1039 runs with the land. 2. An environmental covenant that is otherwise effective is valid and enforceable even if: (1) It is not appurtenant to an interest in real property; (2) It can be […]
Section 260.1015 – Use of real property subject to zoning laws and recorded instruments.
Effective – 01 Jan 2008 260.1015. Use of real property subject to zoning laws and recorded instruments. — Sections 260.1000 to 260.1039 shall not authorize a use of real property that is otherwise prohibited by zoning, by law other than sections 260.1000 to 260.1039 regulating use of real property, or by a recorded instrument that […]
Section 260.1018 – Copy of covenant to be provided, to whom.
Effective – 01 Jan 2008 260.1018. Copy of covenant to be provided, to whom. — 1. A copy of an environmental covenant shall be provided by the persons and in the manner required by the department to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property […]
Section 260.1021 – Recording of a covenant, procedure.
Effective – 01 Jan 2008 260.1021. Recording of a covenant, procedure. — 1. An environmental covenant and any amendment or termination of the covenant shall be recorded in every county or city not within a county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a […]
Section 260.1024 – Covenants are perpetual, exceptions — department may terminate covenants, when.
Effective – 01 Jan 2008 260.1024. Covenants are perpetual, exceptions — department may terminate covenants, when. — 1. An environmental covenant is perpetual unless it is: (1) By its terms, limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent under section 260.1027; (3) Terminated by subsection […]
Section 260.1027 – Amendment or termination of a covenant, requirements — interest in property not affected by amendment.
Effective – 01 Jan 2008 260.1027. Amendment or termination of a covenant, requirements — interest in property not affected by amendment. — 1. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The department; (2) Unless this requirement is waived by the department, the […]
Section 260.1030 – Civil action may be maintained, when — department to maintain regulatory authority.
Effective – 01 Jan 2008 260.1030. Civil action may be maintained, when — department to maintain regulatory authority. — 1. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The department; (3) Any person to whom the covenant […]
Section 260.1033 – Activity and use information system to be established, purpose — categories of sites — recording of amendments or termination, procedure, form.
Effective – 01 Jan 2008 260.1033. Activity and use information system to be established, purpose — categories of sites — recording of amendments or termination, procedure, form. — 1. The department shall establish an activity and use limitation information system and ensure that it is maintained, that provides readily accessible information on sites with known […]
Section 260.1036 – Inapplicability to storage tanks.
Effective – 01 Jan 2008 260.1036. Inapplicability to storage tanks. — Sections 260.1000 to 260.1039 shall not apply to aboveground or underground storage tanks as defined in section 319.100. ——– (L. 2007 S.B. 54) Effective 1-01-08
Section 260.1039 – Effect of act on certain federal laws.
Effective – 01 Jan 2008 260.1039. Effect of act on certain federal laws. — As authorized in 15 U.S.C. 7002, as amended, sections 260.1000 to 260.1039 modify, limit, or supersede* the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do not modify, limit, or supersede 15 U.S.C. […]