|
| 1.__Amendment or termination.__An environmental covenant may be | amended or terminated by consent only if the amendment or | termination is signed by: |
|
| B.__Unless waived by the agency, the current owner of the | fee simple of the real property subject to the covenant; |
|
| C.__Each person that originally signed the covenant, unless | the person waived in a signed record the right to consent or | a court finds that the person no longer exists or cannot be | located or identified with the exercise of reasonable | diligence; and |
|
| D.__The holder, unless the holder waived in a signed record | the right to consent or except as otherwise provided in | subsection 4, paragraph B. |
|
| | 2.__Effect of amendment of covenant.__If an interest in real | property is subject to an environmental covenant, the interest is | not affected by an amendment of the covenant unless the current | owner of the interest consents to the amendment or has waived in | a signed record the right to consent to amendments. |
|
| | 3.__Assignment to new holder.__Except for an assignment | undertaken pursuant to a governmental reorganization, assignment | of an environmental covenant to a new holder is an amendment. |
|
| | 4.__Assignment by holder; removal and replacement of holder.__ | Except as otherwise provided in an environmental covenant: |
|
| A.__A holder may not assign its interest without consent of | the other parties; and |
|
| B.__A holder may be removed and replaced by agreement of the | other parties specified in subsection 1. |
|
| | 5.__Vacancy filled by court.__A court of competent | jurisdiction may fill a vacancy in the position of holder. |
|
| §3011.__Enforcement of environmental covenant |
|
| | 1.__Civil action.__A civil action for injunctive or other | equitable relief for violation of an environmental covenant may | be maintained by: |
|
|