Section 34A-17-8 – Recording.
34A-17-8. Recording. (a) 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. (b) Except as otherwise provided in §34A-17-9(c), an environmental […]
Section 34A-17-9 – Duration–Amendment by court action.
34A-17-9. Duration–Amendment by court action. (a) 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 pursuant to §34A-17-10; (3)Terminated pursuant to subsection (b); (4)Terminated by foreclosure of an interest that has priority over the environmental covenant; […]
Section 34A-17-10 – Amendment or termination by consent.
34A-17-10. Amendment or termination by consent. (a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1)The agency; (2)The current owner of the fee simple of the real property subject to the covenant; (3)Each person that originally signed the covenant, unless the person waived in […]
Section 34A-17-11 – Enforcement of covenant–Injunction or other equitable relief.
34A-17-11. Enforcement of covenant–Injunction or other equitable relief. (a) 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 agency; (3)Any person to whom the covenant expressly grants power to enforce; (4)A person whose interest in the real property or […]
Section 34A-17-12 – Registry–Substitute notice.
34A-17-12. Registry–Substitute notice. (a) The secretary of state 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 secretary of state considers appropriate. The registry is […]
Section 34A-17-13 – Uniformity of application and construction.
34A-17-13. 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. Source: SL 2005, ch 196, §13.
Section 34A-17-14 – Relation to Electronic Signatures in Global and National Commerce Act.
34A-17-14.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 of that Act (15 U. S.C. 7001(a)) or authorize electronic delivery of any of the […]
Section 34A-18-1 – Definition of terms.
34A-18-1. Definition of terms. Terms used in this chapter mean: (1)”Crude oil,” any unrefined liquid petroleum; (2)”Crude oil pipeline operator,” any person that is transporting crude oil via a pipeline; (3)”Department,” the South Dakota Department of Agriculture and Natural Resources. Source: SL 2008, ch 180, §1; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, […]
Section 34A-17-5 – Validity–Effect on other instruments.
34A-17-5. Validity–Effect on other instruments. (a) An environmental covenant that complies with this chapter runs with the land. (b) 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 or has been assigned to a person other than the […]
Section 34A-16-45 – Penalty for violation of designation ordinance.
34A-16-45. Penalty for violation of designation ordinance. Any person who violates a designation ordinance adopted pursuant to this chapter is guilty of a Class 1 misdemeanor and is also subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than ten […]