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Home » US Law » 2022 West Virginia Code » Chapter 22. Environmental Resources » Article 22B. Uniform Environmental Covenants Act

§22-22B-13. Relation to Electronic Signatures in Global and National Commerce Act

This article modifies, limits or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, limit or supersede Section 101 of said Act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of said Act (15 […]

§22-22B-14. Severability

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.

§22-22B-2. Definitions

As used in this article and insofar as they are not in conflict with article twenty-two of this chapter, the following terms shall mean: (1) "Activity and use limitations" means restrictions or obligations created under this article with respect to real property.

§22-22B-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. (b) A right of an agency […]

§22-22B-5. Validity; Effect on Other Instruments

(a) An environmental covenant that complies with this article 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;

§22-22B-6. Relationship to Other Land-Use Law

This article does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this article 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 property which are authorized by zoning […]

§22-22B-7. Notice

(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;

§22-22B-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 subsection (c), section nine of […]