West Virginia Code 22-22B-7 – Notice
Current as of: 2023 | Check for updates
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(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:
Terms Used In West Virginia Code 22-22B-7
- Agency: means the Department of Environmental Protection or any federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See West Virginia Code 22-22B-2
- Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See West Virginia Code 22-22B-2
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency or instrumentality or any other legal or commercial entity. See West Virginia Code 22-22B-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements and hereditaments, all rights thereto and interests therein, except chattel interests. See West Virginia Code 2-2-10
(1) Each person that signed the covenant;
(2) Each person holding a recorded interest in the real property subject to the covenant;
(3) Each person in possession of the real property subject to the covenant;
(4) Each municipality or other unit of local government in which real property subject to the covenant is located; and
(5) Any other person the agency requires.
(b) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.