Kentucky Statutes 224.80-180 – Covenant to exist in perpetuity except under certain circumstances — Petition to court to terminate or reduce burden of environmental covenant
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(1) An environmental covenant shall be perpetual except under the following circumstances:
(a) By its terms, the environmental covenant is limited to a specific duration or is terminated by the occurrence of a specific event;
(b) The environmental covenant is terminated pursuant to KRS § 224.80-190;
(c) The environmental covenant is terminated by foreclosure of an interest that has priority over the environmental covenant; or
(d) The environmental covenant is terminated or modified in an eminent domain proceeding and the following conditions exist:
1. The cabinet is a party to the eminent domain proceeding;
2. All persons identified in KRS § 224.80-190(1) and (2) are given notice of the pendency of the eminent domain proceeding; and
3. A court of competent jurisdiction determines, after hearing, that the termination or modification of the environmental covenant will not adversely affect human health or the environment.
(2) If the cabinet or if any holder determines that the intended benefits of an environmental covenant can no longer be realized, Franklin Circuit Court, under the doctrine of changed circumstances, in an action in which all persons identified in KRS § 224.80-190(1) and (2) have been given notice, may terminate the environmental covenant or reduce its burden on the real property subject to the environmental covenant.
(3) Except as otherwise provided in subsections (1) and (2) of this section, an environmental covenant may not be extinguished, limited, or impaired through the issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, acquiescence, or a similar doctrine.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 9, effective June 20, 2005.
(a) By its terms, the environmental covenant is limited to a specific duration or is terminated by the occurrence of a specific event;
Terms Used In Kentucky Statutes 224.80-180
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.80-100
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Kentucky Statutes 224.80-100
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- 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
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
(b) The environmental covenant is terminated pursuant to KRS § 224.80-190;
(c) The environmental covenant is terminated by foreclosure of an interest that has priority over the environmental covenant; or
(d) The environmental covenant is terminated or modified in an eminent domain proceeding and the following conditions exist:
1. The cabinet is a party to the eminent domain proceeding;
2. All persons identified in KRS § 224.80-190(1) and (2) are given notice of the pendency of the eminent domain proceeding; and
3. A court of competent jurisdiction determines, after hearing, that the termination or modification of the environmental covenant will not adversely affect human health or the environment.
(2) If the cabinet or if any holder determines that the intended benefits of an environmental covenant can no longer be realized, Franklin Circuit Court, under the doctrine of changed circumstances, in an action in which all persons identified in KRS § 224.80-190(1) and (2) have been given notice, may terminate the environmental covenant or reduce its burden on the real property subject to the environmental covenant.
(3) Except as otherwise provided in subsections (1) and (2) of this section, an environmental covenant may not be extinguished, limited, or impaired through the issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, acquiescence, or a similar doctrine.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 9, effective June 20, 2005.