2.__Municipality.__An action affecting a working waterfront covenant may be intervened in by the municipality in which the real property burdened by the covenant is located.

3.__Power of court.__The court may enforce a working waterfront covenant by injunction or other proceeding at law or in equity.__Acting in accordance with charitable trust principles, the court may modify, terminate or deny equitable enforcement of a working waterfront covenant in an action in which the Attorney General is made a party when the Commissioner of Marine Resources finds that, due to a change in circumstance, the covenant is no longer necessary to advance the public interest in the commercial marine fisheries of the State. If the court modifies, terminates or denies equitable enforcement of a working waterfront covenant, the court may order payment by the landowner of money or other damages to the holder or the State, which shall apply the same in a manner consistent with the purposes of this law as approved by the court.

The fact that a working waterfront property might be used for more valuable economic purposes may not be considered in determining whether a working waterfront covenant is no longer in the public interest.

§134.__Scope of working waterfront covenant

A working waterfront covenant must include without limitation at least one of the following terms:

1.__Resale price of working waterfront real estate.__ Limitations on the resale price of working waterfront real estate;

2.__Amount of equity appreciation.__Limitations on the amount of equity appreciation that a landowner may derive from ownership of working waterfront real estate;

3.__Improvements to working waterfront real estate.__ Limitations on the type, extent, use or dollar value of improvements that may be made to working waterfront real estate;

4.__Persons to whom working waterfront real estate may be sold.__Consistent with the purposes of this chapter, restrictions on the types of persons or businesses to whom working waterfront real estate may be sold, leased or used as long as such restrictions do not unlawfully discriminate against any person.