§ 38 §3009 — Duration; amendment by court action

1.
Perpetual duration.
An environmental covenant is perpetual unless it is:
2.
Intended benefits can no longer be realized.
If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in section 3010, subsections 1 and 2 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.
3.
Extinguished, limited or impaired.
Except as otherwise provided in subsections 1 and 2, an environmental covenant may not be extinguished, limited or impaired through issuance of a tax deed or foreclosure of a tax lien or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement or acquiescence or a similar doctrine.
4.
Laws governing marketable title and dormant mineral interests.
An environmental covenant may not be extinguished, limited or impaired by application of laws governing marketable title and dormant mineral interests.

Legislative History

PL 2005, c. 370, §1 (NEW).