There is a newer version of this Section
2017 Maryland Code
Title 1 - Definitions; General Provisions; Enforcement
Subtitle 8 - Maryland Uniform Environmental Covenants Act
§ 1-808. Perpetual nature of covenant.
Universal Citation: MD Env Code § 1-808 (2017)
- (a) In general. -- An environmental covenant is perpetual unless it is:
- (1) By its terms, limited to a specific duration or terminated by the occurrence of a specific event;
- (2) Terminated by consent as provided under § 1-809 of this subtitle;
- (3) Terminated under subsection (b) of this section;
- (4) Terminated by foreclosure of an interest that has priority over the environmental covenant; or
- (5) Terminated or modified in an eminent domain proceeding, if:
- (i) The Agency that signed the covenant is a party to the proceeding;
- (ii) Each person identified in § 1-809(a) and (b) of this subtitle is given notice of the pendency of the proceeding; and
- (iii) The court determines, after a hearing, that the termination or modification will not adversely affect human health or the environment.
- (b) Termination of covenant for cause. --
- (1) If the Agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in § 1-809(a) and (b) of this subtitle have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.
- (2) The Agency's determination or its failure to make a determination upon request is subject to review in accordance with the Administrative Procedure Act.
- (c) Extinguishment by certain legal proceedings prohibited. -- Except as otherwise provided in subsections (a) and (b) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.
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