§ 57-25-101 Title — Scope
§ 57-25-102 Definitions
§ 57-25-103 Nature of rights — Subordination of interests
§ 57-25-104 Contents of environmental covenant
§ 57-25-105 Validity — Effect on other instruments
§ 57-25-106 Relationship to other land use law
§ 57-25-107 Notice
§ 57-25-108 Recording
§ 57-25-109 Duration — Amendment by court action
§ 57-25-110 Amendment or termination by consent
§ 57-25-111 Enforcement of environmental covenant
§ 57-25-112 Uniformity of application and construction
§ 57-25-113 Relation to Electronic Signatures in Global and National Commerce Act
§ 57-25-114 Severability

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Terms Used In Utah Code > Title 57 > Chapter 25 - Uniform Environmental Covenants Act

  • Accredited clinical education program: means a clinical education program for a health care profession that is accredited by the Accreditation Council on Graduate Medical Education. See Utah Code 26B-4-701
  • Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Utah Code 57-25-102
  • Adult Autism Treatment Account: means the Adult Autism Treatment Account created in Section 26B-1-322. See Utah Code 26B-4-601
  • Advisory committee: means the Adult Autism Treatment Program Advisory Committee created in Section 26B-1-424. See Utah Code 26B-4-601
  • Agency: means the Utah Department of Environmental Quality or other state or federal agency that determines or approves the environmental response project under which the environmental covenant is created. See Utah Code 57-25-102
  • 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.
  • Applied behavior analysis: means the same as that term is defined in Section 31A-22-642. See Utah Code 26B-4-601
  • Autism spectrum disorder: means the same as that term is defined in Section 31A-22-642. See Utah Code 26B-4-601
  • Centers for Medicare and Medicaid Services: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-4-701
  • Common interest community: means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community. See Utah Code 57-25-102
  • 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.
  • Emergency contraception: means the use of a substance, approved by the United States Food and Drug Administration, to prevent pregnancy after sexual intercourse. See Utah Code 26B-4-501
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Utah Code 57-25-102
  • Environmental response project: means a plan, risk assessment, or work performed for environmental remediation of real property or surface and groundwater on or beneath the real property and conducted:
         (5)(a) under a federal or state program governing environmental remediation of real property, including under Title 19, Environmental Quality Code;
         (5)(b) incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
         (5)(c) under the state voluntary clean-up program authorized in Title 19, Chapter 8, Voluntary Cleanup Program. See Utah Code 57-25-102
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • 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
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • 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
  • Health care professionals in training: means medical students and residents, advanced practice nursing students, physician assistant students, doctor of pharmacy students, dental students, and registered nursing students. See Utah Code 26B-4-701
  • Holder: means the grantee of an environmental covenant as specified in Subsection 57-25-103(1). See Utah Code 57-25-102
  • Hospital: means a general acute hospital, as defined in Section 26B-2-201. See Utah Code 26B-4-701
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • 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.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Physician: means a person:
         (6)(a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
         (6)(b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-4-701
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Program: means the Adult Autism Treatment Program created in Section 26B-4-602. See Utah Code 26B-4-601
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Qualified individual: means an individual who:
         (6)(a) is at least 22 years old;
         (6)(b) is a resident of the state;
         (6)(c) has been diagnosed by a qualified professional as having:
              (6)(c)(i) an autism spectrum disorder; or
              (6)(c)(ii) another neurodevelopmental disorder requiring significant supports through treatment using applied behavior analysis; and
         (6)(d) needs significant supports for a condition described in Subsection (6)(c), as demonstrated by formal assessments of the individual's:
              (6)(d)(i) cognitive ability;
              (6)(d)(ii) adaptive ability;
              (6)(d)(iii) behavior; and
              (6)(d)(iv) communication ability. See Utah Code 26B-4-601
  • Qualified provider: means a provider that is qualified under Section 26B-4-603 to provide services for the program. See Utah Code 26B-4-601
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. See Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Rural county: means a county of the third, fourth, fifth, or sixth class under Section 17-50-501. See Utah Code 26B-4-701
  • Rural hospital: means a hospital located within a rural county. See Utah Code 26B-4-701
  • Sexual assault: means any criminal conduct described in Title 76, Chapter 5, Part 4, Sexual Offenses, that may result in a pregnancy. See Utah Code 26B-4-501
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Statute: A law passed by a legislature.
  • UMEC: means the Utah Medical Education Council created in Section 26B-4-706. See Utah Code 26B-4-701
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Victim of sexual assault: means any person who presents to receive, or receives, medical care in consequence of being subjected to sexual assault. See Utah Code 26B-4-501
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5