Minnesota Statutes 114E.05 – Definitions
Terms Used In Minnesota Statutes 114E.05
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
Subdivision 1.Scope.
For the purposes of this chapter, the definitions in this subdivision have the meanings given.
Subd. 2.Activity and use limitations.
“Activity and use limitations” means restrictions or obligations with respect to real property that are associated with an environmental response project.
Subd. 3.Common interest community.
“Common interest community” means a common interest community as defined in chapter 515B.
Subd. 4.Environmental agency.
“Environmental agency” means the Pollution Control Agency, Agriculture Department, or another state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.
Subd. 5.Environmental covenant.
“Environmental covenant” means a servitude created under this chapter that imposes activity and use limitations.
Subd. 6.Environmental response project.
“Environmental response project” means a plan or work performed to clean up, eliminate, investigate, minimize, mitigate, or prevent the release or threatened release of contaminants affecting real property in order to protect public health or welfare or the environment, including:
(1) response or corrective actions under federal or state law, including chapters 115B, 115C, 115E, and 116, and the Comprehensive Environmental Response, Compensation and Liability Act, United States Code, title 44, § 9601, et seq.;
(2) corrective actions or response to agricultural chemical incidents under chapters 18B, 18C, 18D, and 18E; and
(3) closure, contingency, or corrective actions required under rules or regulations applicable to waste treatment, storage, or disposal facilities or to above or below ground tanks.
Subd. 7.Holder.
“Holder” means any person identified as a holder of an environmental covenant as specified in section 114E.10, paragraph (a).
Subd. 8.Person.
“Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, political subdivision or special purpose unit of government, agency, or instrumentality of the state or federal government, or any other legal or commercial entity.
Subd. 9.Record.
“Record,” used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Subd. 10.Recorded.
“Recorded” means recorded with the county recorder or registrar of title, as applicable, in each county where the real property is located.
Subd. 11.State.
“State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.