Kentucky Statutes 224.80-100 – Definitions for subchapter
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As used in this subchapter:
(1) “Activity and use limitations” means restrictions or obligations created under
KRS § 224.80-100 to KRS § 224.80-210.
(2) “Applicant” means a person applying to the cabinet for approval of an environmental covenant.
(3) “Cabinet” means the Energy and Environment Cabinet.
(4) “Common interest community” means a condominium, cooperative, or other real property owned by a person as part of a parcel of real property for which there is an obligation to pay property taxes, insurance premiums, or maintenance, or to make improvements to the real property as described and established in a recorded environmental covenant.
(5) “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations.
(6) “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 § 224.1-400,
224.1-405, 224.46-530, and 224.1-450 to 224.1-465;
(b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of the cabinet; or
(c) Under a Commonwealth voluntary cleanup program authorized under
KRS § 224.1-510 to KRS § 224.1-532.
(7) “Holder” means the grantee of an environmental covenant.
(8) “Indexing” means the practice or method kept by a county clerk’s office to record legal property transactions.
(9) “Interest” means all or part of a legal equitable claim to a right in real property which shall include both possessory and nonpossessory interests.
(10) “Owner” means a person that owns a fee simple interest or any other interest in real property that is subject to an environmental covenant.
(11) “Person” shall have the meaning specified in KRS § 224.1-010(16).
(12) “Public notice” means the publication of required information in a daily or weekly newspaper of major circulation located in the county or counties where the property subject to the proposed environmental covenant is located. If there is no daily or weekly newspaper of major circulation in the county or counties where the property is located, public notice shall mean publication of required information in a daily or weekly newspaper of major circulation in a county adjacent to the county or counties where the property is located.
(13) “Subordination agreement” means an agreement affecting priority of interests in a real property that is subject to an environmental covenant.
(14) “Servitude” means a right, burden, or restriction on the use of real property that passes from the current owner or tenant to any owners or tenants in succession.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 26, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 383, effective July 15, 2010. — Created
2005 Ky. Acts ch. 92, sec. 1, effective June 20, 2005.
(1) “Activity and use limitations” means restrictions or obligations created under
Terms Used In Kentucky Statutes 224.80-100
- Activity and use limitations: means restrictions or obligations created under
KRS §. See Kentucky Statutes 224.80-100 - Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.80-100
- Closure: means the time at which a waste treatment, storage, or disposal facility permanently ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the site for post-closure monitoring and maintenance or to make it suitable for other uses. See Kentucky Statutes 224.1-010
- 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 - Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- 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
- 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.
- 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
- Public notice: means the publication of required information in a daily or weekly newspaper of major circulation located in the county or counties where the property subject to the proposed environmental covenant is located. See Kentucky Statutes 224.80-100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Servitude: means a right, burden, or restriction on the use of real property that passes from the current owner or tenant to any owners or tenants in succession. See Kentucky Statutes 224.80-100
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Waste: means :
(a) "Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining (excluding coal mining wastes, coal mining by-products, refuse, and overburden), agricultural operations, and from community activities, but does not include those materials including, but not limited to, sand, soil, rock, gravel, or bridge debris extracted as part of a public road construction project funded wholly or in part with state funds, recovered material, post-use polymers or recovered feedstocks, tire-derived fuel, special wastes as designated by KRS §. See Kentucky Statutes 224.1-010
KRS § 224.80-100 to KRS § 224.80-210.
(2) “Applicant” means a person applying to the cabinet for approval of an environmental covenant.
(3) “Cabinet” means the Energy and Environment Cabinet.
(4) “Common interest community” means a condominium, cooperative, or other real property owned by a person as part of a parcel of real property for which there is an obligation to pay property taxes, insurance premiums, or maintenance, or to make improvements to the real property as described and established in a recorded environmental covenant.
(5) “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations.
(6) “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 § 224.1-400,
224.1-405, 224.46-530, and 224.1-450 to 224.1-465;
(b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of the cabinet; or
(c) Under a Commonwealth voluntary cleanup program authorized under
KRS § 224.1-510 to KRS § 224.1-532.
(7) “Holder” means the grantee of an environmental covenant.
(8) “Indexing” means the practice or method kept by a county clerk’s office to record legal property transactions.
(9) “Interest” means all or part of a legal equitable claim to a right in real property which shall include both possessory and nonpossessory interests.
(10) “Owner” means a person that owns a fee simple interest or any other interest in real property that is subject to an environmental covenant.
(11) “Person” shall have the meaning specified in KRS § 224.1-010(16).
(12) “Public notice” means the publication of required information in a daily or weekly newspaper of major circulation located in the county or counties where the property subject to the proposed environmental covenant is located. If there is no daily or weekly newspaper of major circulation in the county or counties where the property is located, public notice shall mean publication of required information in a daily or weekly newspaper of major circulation in a county adjacent to the county or counties where the property is located.
(13) “Subordination agreement” means an agreement affecting priority of interests in a real property that is subject to an environmental covenant.
(14) “Servitude” means a right, burden, or restriction on the use of real property that passes from the current owner or tenant to any owners or tenants in succession.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 117, sec. 26, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 383, effective July 15, 2010. — Created
2005 Ky. Acts ch. 92, sec. 1, effective June 20, 2005.