Indiana § 13-14-2-9 Modification of restrictive covenants; recovery of expenses incurred

Indiana Statutes

§ 13-14-2-9 — Modification of restrictive covenants; recovery of expenses incurred

Indiana·Art. 14 POWERS AND DUTIES OF DEPARTMENT OF·Ch. 2 Powers of Department

(a)This section applies to a restrictive covenant created in connection with a remediation project conducted under:

(1)IC 13-23;

(2)IC 13-24;

(3)IC 13-25-4; or

(4)IC 13-25-5.

(b)If:

(1)a change of conditions or an advancement in science or technology permits a modification of the conditions and restrictions imposed by a restrictive covenant; and

(2)the modification of the conditions and restrictions imposed by the restrictive covenant would not increase the potential hazards to human health or the environment; the commissioner may, under subsection (c), authorize the filing in the office of the county recorder of a supplemental recording recognizing the modification of the conditions and restrictions of the restrictive covenant to reflect the change in conditions or advancement in

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(a) This section applies to a restrictive
covenant created in connection with a remediation project conducted
under:
(1) IC 13-23;
(2) IC 13-24;
(3) IC 13-25-4; or
(4) IC 13-25-5.
(b) If:
(1) a change of conditions or an advancement in science or
technology permits a modification of the conditions and
restrictions imposed by a restrictive covenant; and
(2) the modification of the conditions and restrictions imposed by
the restrictive covenant would not increase the potential hazards
to human health or the environment;
the commissioner may, under subsection (c), authorize the filing in the
office of the county recorder of a supplemental recording recognizing
the modification of the conditions and restrictions of the restrictive
covenant to reflect the change in conditions or advancement in science
or technology.
(c) The commissioner may authorize the filing of a supplemental
recording under subsection (b) if the owner of the real property that is
subject to the restrictive covenant submits to the department:
(1) a written request for the modification of the covenant;
(2) a copy of the proposed modification of the restrictive
covenant; and
(3) information indicating why the covenant should be modified.
The information submitted under subdivision (3) must be sufficient to
enable the department to determine whether the proposed modification
of the restrictive covenant will increase the potential hazards to human
health or the environment. The commissioner may request additional
information from the owner of the real property if necessary to the
making of a determination under this subsection.
(d) The board shall adopt rules under IC 4-22-2 and IC 13-14-9
providing for the recovery of administrative and personnel expenses
incurred by the state in evaluating proposed modifications of restrictive
covenants under this section.

Indiana § 13-14-2-9 (Modification of restrictive covenants; recovery of expenses incurred) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.