There is a newer version of this Section
2017 Georgia Code
Title 44 - Property
Chapter 16 - Uniform Environmental Covenants
§ 44-16-11. Liability for violation and enforcement of environmental covenant
Universal Citation: GA Code § 44-16-11 (2017)
- (a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
- (1) A party to the covenant;
- (2) The agency;
- (3) Any person to whom the covenant expressly grants power to enforce;
- (4) Any owner in fee simple whose property abuts the property subject to the environmental covenant, if harm occurs or is reasonably likely to occur;
- (5) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
- (6) A municipality, county, consolidated government, or other unit of local government in which the real property subject to the covenant is located.
- (b) This chapter shall not limit the regulatory authority of the agency under law other than with respect to an environmental response project.
- (c) A person shall not be responsible for or subject to liability for environmental remediation solely because such person has the right to enforce an environmental covenant.
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