2016 Kentucky Revised Statutes CHAPTER 224 - ENVIRONMENTAL PROTECTION Subchapter 80 - Environmental Covenants 224.80-180 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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