Terms Used In Kentucky Statutes > Chapter 224 > Subchapter 80 - Environmental Covenants

• Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
• 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.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• 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
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contract: A legal written agreement that becomes binding when signed.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• 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}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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.
• 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
• Indexing: means the practice or method kept by a county clerk's office to record legal property transactions. 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.
• 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
• Statute: A law passed by a legislature.
• Subordination agreement: means an agreement affecting priority of interests in a real property that is subject to an environmental covenant. See Kentucky Statutes 224.80-100
• Subpoena: A command to a witness to appear and give testimony.
• 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
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• 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
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.