2018 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 (2018)
  • (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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