§3009. Duration; amendment by court action
1.
Perpetual duration.
An environmental covenant is perpetual unless it is:
A.
By its terms limited to a specific duration or terminated by the occurrence of a specific event;
[PL 2005, c. 370, §1 (NEW).]
D.
Terminated by operation of other laws of this State governing priority of interests; or
[PL 2005, c. 370, §1 (NEW).]
E.
Terminated or modified in an eminent domain proceeding, but only if:
[PL 2005, c. 370, §1 (NEW).]
(1)
The agency that signed the covenant is a party to the proceeding;
(2)
All persons identified in section 3010, subsections 1 and 2 are given notice of the pendency of the proceeding; and
(3)
The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.
[PL 2005, c. 370, §1 (NEW).]
2.
Intended benefits can no longer be realized.
If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in section 3010, subsections 1 and 2 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.
[PL 2005, c. 370, §1 (NEW).]
3.
Extinguished, limited or impaired.
Except as otherwise provided in subsections 1 and 2, an environmental covenant may not be extinguished, limited or impaired through issuance of a tax deed or foreclosure of a tax lien or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement or acquiescence or a similar doctrine.
[PL 2005, c. 370, §1 (NEW).]
4.
Laws governing marketable title and dormant mineral interests.
An environmental covenant may not be extinguished, limited or impaired by application of laws governing marketable title and dormant mineral interests.
[PL 2005, c. 370, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 370, §1 (NEW).