Kentucky Statutes 224.80-190 – Amendment or termination of environmental covenant by consent of the parties — Assignment of holder’s rights
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(1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is requested as a modification to the corrective action plan approved by the cabinet, and only if the amendment or termination is signed by:
(a) The cabinet;
(b) The current owner of the fee simple of the real property subject to the covenant;
(c) Each person that originally signed the environmental covenant or that person’s heirs, assigns, or transferees unless:
1. The person or the person’s heirs, assigns, or transferees waived in a signed document the right to consent; or
2. A court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(d) The holder, except as otherwise provided in subsection (4)(b) of this section. (2) If an interest in real property is subject to an environmental covenant, the interest
shall not be affected by an amendment of the environmental covenant unless:
(a) The current owner of the interest consents to the amendment; or
(b) The current owner of the interest has waived in a signed record the right to consent to the amendments.
(3) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder shall be deemed an amendment of the environmental covenant.
(4) Except as otherwise provided in an environmental covenant:
(a) A holder may not assign its interest without consent of the other parties to the environmental covenant specified in subsection (1) of this section; and
(b) A holder may be removed and replaced by agreement of the other parties specified in subsection (1) of this section.
(5) A court of competent jurisdiction may fill a vacancy in the position of the holder.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 10, effective June 20, 2005.
(a) The cabinet;
Terms Used In Kentucky Statutes 224.80-190
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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
- 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.
- 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.
- 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 current owner of the fee simple of the real property subject to the covenant;
(c) Each person that originally signed the environmental covenant or that person’s heirs, assigns, or transferees unless:
1. The person or the person’s heirs, assigns, or transferees waived in a signed document the right to consent; or
2. A court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(d) The holder, except as otherwise provided in subsection (4)(b) of this section. (2) If an interest in real property is subject to an environmental covenant, the interest
shall not be affected by an amendment of the environmental covenant unless:
(a) The current owner of the interest consents to the amendment; or
(b) The current owner of the interest has waived in a signed record the right to consent to the amendments.
(3) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder shall be deemed an amendment of the environmental covenant.
(4) Except as otherwise provided in an environmental covenant:
(a) A holder may not assign its interest without consent of the other parties to the environmental covenant specified in subsection (1) of this section; and
(b) A holder may be removed and replaced by agreement of the other parties specified in subsection (1) of this section.
(5) A court of competent jurisdiction may fill a vacancy in the position of the holder.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 10, effective June 20, 2005.