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2021 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 (2021)
- A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
- A party to the covenant;
- The agency;
- Any person to whom the covenant expressly grants power to enforce;
- Any owner in fee simple whose property abuts the property subject to the environmental covenant, if harm occurs or is reasonably likely to occur;
- A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or
- A municipality, county, consolidated government, or other unit of local government in which the real property subject to the covenant is located.
- This chapter shall not limit the regulatory authority of the agency under law other than with respect to an environmental response project.
- 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.
(Code 1981, §44-16-11, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132.)
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