Kentucky Statutes 224.80-130 – Information, restrictions, and requirements to be included in environmental covenant
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(1) An environmental covenant shall:
(a) State that the instrument is an environmental covenant executed pursuant to
KRS § 224.80-100 to KRS § 224.80-210;
(b) Contain a legal description of the real property and a metes and bounds description of the portion of the real property;
(c) Describe the activity and use limitations imposed on the real property; (d) Identify every holder;
(e) Be signed by the cabinet, by every holder, and, unless waived by the cabinet, by every owner of an interest in the real property subject to the environmental covenant; and
(f) Identify the name and location of any administrative record for the environmental response project.
(2) In addition to the information required under subsection (1) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including:
(a) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, application for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;
(b) Requirements for periodic reporting describing compliance with the covenant; (c) Rights of access to the property granted in connection with implementation or
enforcement of the covenant;
(d) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(e) Limitation on amendment or termination of the covenant in addition to those contained in KRS § 224.80-180 and KRS § 224.80-190; and
(f) Rights of the holder in addition to the holder’s right to enforce the covenant pursuant to KRS § 224.80-200.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 4, effective June 20, 2005.
(a) State that the instrument is an environmental covenant executed pursuant to
Terms Used In Kentucky Statutes 224.80-130
- Activity and use limitations: means restrictions or obligations created under
KRS §. See Kentucky Statutes 224.80-100 - Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.80-100
- Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Kentucky Statutes 224.80-100
- Environmental response project: means a plan or work performed for the environmental remediation of real property conducted:
(a) Under a federal or state program governing environmental remediation of real property including programs established pursuant to KRS §. See Kentucky Statutes 224.80-100 - Holder: means the grantee of an environmental covenant. See Kentucky Statutes 224.80-100
- Interest: means all or part of a legal equitable claim to a right in real property which shall include both possessory and nonpossessory interests. See Kentucky Statutes 224.80-100
- Owner: means a person that owns a fee simple interest or any other interest in real property that is subject to an environmental covenant. See Kentucky Statutes 224.80-100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Termination: means the final actions taken by the cabinet as to a solid waste or hazardous waste treatment, storage, or disposal facility when formal responsibilities for post-closure monitoring and maintenance cease. See Kentucky Statutes 224.1-010
KRS § 224.80-100 to KRS § 224.80-210;
(b) Contain a legal description of the real property and a metes and bounds description of the portion of the real property;
(c) Describe the activity and use limitations imposed on the real property; (d) Identify every holder;
(e) Be signed by the cabinet, by every holder, and, unless waived by the cabinet, by every owner of an interest in the real property subject to the environmental covenant; and
(f) Identify the name and location of any administrative record for the environmental response project.
(2) In addition to the information required under subsection (1) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including:
(a) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, application for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;
(b) Requirements for periodic reporting describing compliance with the covenant; (c) Rights of access to the property granted in connection with implementation or
enforcement of the covenant;
(d) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(e) Limitation on amendment or termination of the covenant in addition to those contained in KRS § 224.80-180 and KRS § 224.80-190; and
(f) Rights of the holder in addition to the holder’s right to enforce the covenant pursuant to KRS § 224.80-200.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 4, effective June 20, 2005.