LD 1559
pg. 8
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LR 2059
Item 1

 
1.__Amendment or termination.__An environmental covenant may be
amended or terminated by consent only if the amendment or
termination is signed by:

 
A.__The agency;

 
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:


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