North Dakota Code 47-37-01 – Definitions
1. “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property.
Terms Used In North Dakota Code 47-37-01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. “Agency” means the department of environmental quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.
3. “Common interest community” means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person’s ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.
4. “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations.
5. “Environmental response project” means a plan or work performed for environmental remediation of real property and conducted:
a. Under a federal or state program governing environmental remediation of real property, including chapters 23.1-04, 23.1-08, and 61-28; b. Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
c. Under a state voluntary cleanup program authorized under title 23.1.
6. “Holder” means the grantee of an environmental covenant as specified in subsection 1 of section 47-37-02.
7. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
8. “Record”, used as a noun, means information inscribed on a tangible medium or stored in an electronic or other medium and which is retrievable in perceivable form.
9. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.