2013 Kentucky Revised Statutes CHAPTER 224 - ENVIRONMENTAL PROTECTION Subchapter 80 - Environmental Covenants 80.80-180 Covenant to exist in perpetuity except under certain circumstances -- Petition to court to terminate or reduce burden of environmental covenant.
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224.80-180 Covenant to exist in perpetuity except under certain
circumstances -- Petition to court to terminate or reduce burden of
environmental covenant.
(1)
(2)
(3)
An environmental covenant shall be perpetual except under the following
circumstances:
(a) By its terms, the environmental covenant is limited to a specific duration
or is terminated by the occurrence of a specific event;
(b) The environmental covenant is terminated pursuant to KRS 224.80-190;
(c) The environmental covenant is terminated by foreclosure of an interest
that has priority over the environmental covenant; or
(d) The environmental covenant is terminated or modified in an eminent
domain proceeding and the following conditions exist:
1.
The cabinet is a party to the eminent domain proceeding;
2.
All persons identified in KRS 224.80-190(1) and (2) are given notice
of the pendency of the eminent domain proceeding; and
3.
A court of competent jurisdiction determines, after hearing, that the
termination or modification of the environmental covenant will not
adversely affect human health or the environment.
If the cabinet or if any holder determines that the intended benefits of an
environmental covenant can no longer be realized, Franklin Circuit Court,
under the doctrine of changed circumstances, in an action in which all persons
identified in KRS 224.80-190(1) and (2) have been given notice, may terminate
the environmental covenant or reduce its burden on the real property subject to
the environmental covenant.
Except as otherwise provided in subsections (1) and (2) of this section, an
environmental covenant may not be extinguished, limited, or impaired through
the issuance of a tax deed, foreclosure of a tax lien, or application of the
doctrine of adverse possession, prescription, abandonment, waiver, lack of
enforcement, acquiescence, or a similar doctrine.
Effective:June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 9, effective June 20, 2005.
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