§ 44-16-1. Short Title
This chapter may be known as and may be cited as the “Uniform Environmental Covenants Act.” History. Code 1981, § 44-16-1 , enacted by Ga. L. 2008, p. 1168, § 1/HB 1132.
§ 44-16-10. Amendment or Termination; Interest in Environmental Covenant Not Affected by Amendment; Role of Court
An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: The agency; The current owner of the fee simple of the real property subject to the covenant; Each person that originally signed the covenant, unless the person waived in a signed record the right to consent […]
§ 44-16-11. Liability for Violation and Enforcement of Environmental Covenant
A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: A party to the covenant; The agency; Any person to whom the covenant expressly grants power to enforce; Any owner in fee simple whose property abuts the property subject to the environmental covenant, if harm occurs […]
§ 44-16-12. Maintenance of Registry
The agency may establish and maintain a registry that contains all environmental covenants and any amendment or termination of such covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the agency considers appropriate. The registry, if established, shall be a public record for purposes […]
§ 44-16-13. Rules and Regulations; Fees
The agency may establish rules and regulations for implementing this chapter and may provide for fees for utilizing this chapter. History. Code 1981, § 44-16-13 , enacted by Ga. L. 2008, p. 1168, § 1/HB 1132.
§ 44-16-14. Electronic Signatures and Delivery
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but shall not modify, limit, or supersede Section 101 of such Act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of such Act (15 […]
§ 44-16-2. Definitions
As used in this chapter, the term: “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property. “Agency” means the Environmental Protection Division of the Department of Natural Resources or any federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is […]
§ 44-16-3. Holders of Environmental Covenants; Rights of Agency; Rules
Any person, including a person that owns an interest in the real property, the agency, or a municipality, county, consolidated government, or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property. A right of […]
§ 44-16-4. Requirements for Environmental Covenant
An environmental covenant shall: State that the instrument is an environmental covenant executed pursuant to this chapter; Contain a legally sufficient description of the real property subject to the covenant and the name of the owner of the fee simple of the real property subject to such covenant at the time such covenant is executed; […]
§ 44-16-5. Enforcement of Environmental Convenant
An environmental covenant that complies with this chapter runs with the land. An environmental covenant that is otherwise effective shall be valid and enforceable even if: It is not appurtenant to an interest in real property; It can be or has been assigned to a person other than the original holder; It is not of […]
§ 44-16-6. Environmental Covenant Restrictions
This chapter shall not authorize a use of real property that is otherwise prohibited by zoning, by ordinance, by local law, by general law, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are otherwise authorized by zoning, by ordinance, […]
§ 44-16-7. Validation of Environmental Covenant
A copy of an environmental covenant shall be provided in the manner required by the agency and shall establish proof of service to: Each person that signed the covenant; Each person holding a recorded interest in the real property subject to the covenant; Each person in possession of the real property subject to the covenant; […]
§ 44-16-8. Recording of Amendments or Termination of Environmental Convenant
An environmental covenant and any amendment or termination of the covenant shall 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. Except as otherwise provided in subsection (c) of Code Section 44-16-9, an […]
§ 44-16-9. Limitation of Environmental Covenant
An environmental covenant shall be perpetual, which shall be stated in such covenant, unless it is: By its terms limited to a specific duration or terminated by the occurrence of a specific event; Terminated by consent pursuant to Code Section 44-16-10; Terminated pursuant to subsection (b) of this Code section; Terminated by foreclosure of an […]