Section 34A-17-1 – Short title.
34A-17-1. Short title. This chapter may be cited as the Uniform Environmental Covenants Act. Source: SL 2005, ch 196, §1.
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-17-2 – Definitions.
34A-17-2. Definitions. In this chapter: (1)”Activity and use limitations,” means restrictions or obligations created under this chapter with respect to real property; (2)”Agency,” means the Department of Agriculture and Natural Resources or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created; (3)”Common […]
Section 34A-17-3 – Nature of rights–Subordination of interests.
34A-17-3. Nature of rights–Subordination of interests. (a) Any person, including a person that owns an interest in the real property, the 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 real property. […]
Section 34A-17-4 – Content of environmental covenant.
34A-17-4. Content of environmental covenant. (a) An environmental covenant must: (1)State that the instrument is an environmental covenant executed pursuant to this chapter; (2)Contain a legally sufficient description of the real property subject to the covenant; (3)Describe the activity and use limitations on the real property; (4)Identify every holder; (5)Be signed by the agency, every […]
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-17-6 – Relationship to other land-use law.
34A-17-6. 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 34A-17-7 – Notice–Copy of covenant.
34A-17-7. Notice–Copy of covenant. (a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to: (1)Each person that signed the covenant; (2)Each person holding a recorded interest in the real property subject to the covenant; (3)Each person in possession of the real property subject […]
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; […]