(a) Any person, the agency, or a county may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property.
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Terms Used In Hawaii Revised Statutes 508C-3

  • Agency: means the department of health or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Hawaii Revised Statutes 508C-2
  • Common interest community: means a condominium property regime, cooperative, planned community association, or other community with respect to which a person, by virtue of the person's ownership of a parcel of real property within the community is obligated to pay property taxes or insurance premiums, or fees for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community. See Hawaii Revised Statutes 508C-2
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Hawaii Revised Statutes 508C-2
  • Holder: means a grantee of an environmental covenant as specified in section 508C-3(a) who, by virtue of the covenant, holds an interest in the real property subject to the covenant, and who accepts certain rights and obligations as stated in the covenant. See Hawaii Revised Statutes 508C-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 508C-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Record: means information that is inscribed on a tangible medium or that is stored in any medium and is retrievable in perceivable form. See Hawaii Revised Statutes 508C-2
(b) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, shall not be an interest in real property.
(c) An agency shall be bound by any obligation the agency assumes in an environmental covenant; provided that an agency shall not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant shall be bound by the obligations the person assumes in the covenant; provided that signing the covenant shall not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.
(d) The following rules apply to interests in real property in existence at the time an environmental covenant covering that real property is created or amended:

(1) An interest that has priority under other law shall not be affected by an environmental covenant, unless the person that owns the interest subordinates that interest to the covenant;
(2) A person that owns a prior interest shall not be required to subordinate that interest to an environmental covenant or to agree to be bound by the covenant;
(3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly-owned property in a common interest community, the record may be signed by any person authorized by the governing board of the common interest community; and
(4) An agreement by a person to subordinate a prior interest to an environmental covenant shall affect the priority of that person’s interest; provided that it shall not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
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