C.__If the court modifies, terminates or denies equitable enforcement of a working waterfront covenant, the court may order payment by the landowner of money or other damages to the holder or the State, which shall apply the same in a manner consistent with the purposes of this law as approved by the court.

The fact that a working waterfront property might be used for more valuable economic purposes may not be considered in determining whether a working waterfront covenant is no longer in the public interest.

§134.__Scope of working waterfront covenant

A working waterfront covenant must include without limitation at least one of the following terms:

1.__Resale price of working waterfront real estate.__ Limitations on the resale price of working waterfront real estate;

2.__Amount of equity appreciation.__Limitations on the amount of equity appreciation that a landowner may derive from ownership of working waterfront real estate;

3.__Improvements to working waterfront real estate.__ Limitations on the type, extent, use or dollar value of improvements that may be made to working waterfront real estate;

4.__Uses to which working waterfront real estate may be devoted.__Restrictions on the uses to which working waterfront real estate may be devoted, which must be consistent with the purposes of this chapter;

5.__Options to purchase.__The grant of rights of first refusal or options to purchase to qualified holders or their assigns, subject to the terms and conditions of the working waterfront covenant;

6.__Maintenance and insurance of working waterfront real estate.__The obligation to maintain, operate and insure working waterfront real estate;

7.__Construction and materials.__The right to restrict or specify types of buildings, structures and materials that may be used in improvements on working waterfront real estate; and