LD 1559
pg. 4
Page 3 of 9 An Act To Adopt the Uniform Environmental Covenants Act Page 5 of 9
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LR 2059
Item 1

 
C.__Any rights of access to the property granted in
connection with implementation or enforcement of the
covenant;

 
D.__A brief narrative description of any contamination and
its remedy, including the contaminants of concern, the
pathways of exposure, limits on exposure and the location
and extent of the contamination;

 
E.__Any limitation on amendment or termination of the
covenant in addition to those contained in sections 3009 and
3010; and

 
F.__Any rights of the holder in addition to the holder's
right to enforce the covenant pursuant to section 3011.

 
3.__Additional signatories.__In addition to other conditions
for its approval of an environmental covenant, the agency may
require those persons specified by the agency who have interests
in the real property to sign the covenant.

 
§3005.__Validity; effect on other instruments

 
1.__Runs with land.__An environmental covenant that complies
with this chapter runs with the land.

 
2.__Valid and enforceable.__An environmental covenant that is
otherwise effective is valid and enforceable even if:

 
A.__It is not appurtenant to an interest in real property;

 
B.__It can be or has been assigned to a person other than
the original holder;

 
C.__It is not of a character that has been recognized
traditionally at common law;

 
D.__It imposes a negative burden;

 
E.__It imposes an affirmative obligation on a person having
an interest in the real property or on the holder;

 
F.__The benefit or burden does not touch or concern real
property;

 
G.__There is no privity of estate or contract;

 
H.__The holder dies, ceases to exist, resigns or is
replaced; or


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