(a) An environmental covenant is required if the department makes a remedial decision as part of an environmental response project and that environmental response project results in (1) residual contamination remaining in the environment in concentrations that are safe for some, but not all, uses; or (2) an engineered feature or structure that requires monitoring, […]
(a) An environmental covenant must (1) state that the interest is an environmental covenant executed under AS 46.04.300 – 46.04.390; (2) contain a legally sufficient description of the real property subject to the environmental covenant; (3) describe the activity and use limitations on the real property; (4) identify every holder; (5) be signed by the […]
(a) An environmental covenant entered into in accordance with AS 46.04.300 – 46.04.390 runs with the land. (b) An environmental covenant 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 original holder; (3) […]
(a) A copy of the environmental covenant shall be provided by the persons and in the manner required by the department to (1) each person that signed the environmental covenant; (2) each person holding a recorded interest in the real property subject to the environmental covenant; (3) each person in possession of the real property […]
(a) An environmental covenant and an amendment or termination of the environmental covenant must be recorded in every recording district 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. (b) An owner of land may not record […]
(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 under AS 46.04.330; (3) terminated under (b), (e), or (g) of this section; (4) terminated by foreclosure of an interest that has priority over […]
(a) An environmental covenant may be amended or terminated if the amendment or termination is consented to and signed (1) by the department; (2) unless waived by the department, by the current owner of the fee simple of the real property subject to the environmental covenant; (3) by each person that originally signed the environmental […]
(a) The department is the administrating agency for AS 46.04.300 – 46.04.390 and is empowered to administer and enforce AS 46.04.300 – 46.04.390 using the civil or administrative authority granted to it in AS 46.03. However, the department may, but is not required to, assume any administration or enforcement functions other than those directly related […]
(a) If a legal impediment prevents an environmental covenant from being entered into, an owner of real property shall, after receiving authorization from the department, record a notice of an activity and use limitation into the appropriate public land records. Failure to record a notice of an activity and use limitation may result in disapproval […]
AS 46.04.300 – 46.04.390 do not authorize a use of real property that is otherwise prohibited under AS 29.40 or AS 38.05.037, by law other than AS 46.04.300 – 46.04.390 regulating use of real property, or by a recorded instrument that has priority over the environmental covenant or a notice of activity and use limitation. […]
The department shall maintain a registry that contains all environmental covenants and notices of activity and use limitation and any amendment or termination of those instruments. The registry may also contain any other information concerning environmental covenants and notices of activity and use limitation and the real property subject to them that the department considers […]
In applying and construing AS 46.04.300 – 46.04.390, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact similar provisions.
In AS 46.04.300 – 46.04.390, (1) “common interest community” means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or pay for maintenance, or improvement of other real property described […]
