LD 1559
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LR 2059
Item 1

 
the law of this State, whether created before or after the adoption
of this chapter, including, without limitation, those adopted
pursuant to section 343-E.

 
§3006.__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 property that are
authorized by zoning or by law other than this chapter.

 
§3007.__Notice

 
1.__Provision of copy.__A copy of an environmental covenant
must be provided by the persons and in the manner required by the
agency to:

 
A.__Each person who signed the covenant;

 
B.__Each person holding a recorded interest in the real
property subject to the covenant;

 
C.__Each person in possession of the real property subject
to the covenant;

 
D.__Each municipality or other unit of local government in
which real property subject to the covenant is located; and

 
E.__Any other person the agency requires.

 
2.__Effect of failure to provide copy.__The validity of a
covenant is not affected by failure to provide a copy of the
covenant as required under this section.

 
§3008.__Recording

 
1.__Recording required.__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 must
be treated as a grantee.

 
2.__Subject to laws governing recording priority.__Except as
otherwise provided in section 3009, subsection 3, an
environmental covenant is subject to the laws of this State
governing recording and priority of interests in real property.

 
§3009.__Duration; amendment by court action


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