Short Title
This chapter may be cited as the "Uniform Environmental Covenants Act."
Minnesota · statute · Minn. Stat. ch. 114E · 13 active provisions
This chapter may be cited as the "Uniform Environmental Covenants Act."
Subdivision 1. Scope. For the purposes of this chapter, the definitions in this subdivision have the meanings given. Subd. 2. Activity and use limitations. "Activity and use limitations" means restrictions or obligations with respect to real property that are associated with an environmental response project. Subd. 3.…
(a) Any person, including a person that owns an interest in the real property subject to the environmental covenant, the environmental agency, or any other political subdivision or unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an inte…
(a) An environmental covenant must: (1) state on its first page that the instrument is an environmental covenant executed pursuant to this chapter; (2) contain a legally sufficient description of the real property subject to the covenant; (3) describe the activity and use limitations on the real property; (4) identify…
(a) An environmental covenant created under this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if: (1) it is not appurtenant to an interest in real property; (2) it can be or has been assigned to a person other than the original holder; (3) it is not…
(a) This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. (b) An environmental covenant may prohibit or restrict uses of real property w…
(a) A copy of an environmental covenant, and any amendments or notices of termination thereof, must be provided by the persons and in the manner required by the environmental agency to: (1) each person that signed the covenant or their successor or assign; (2) each person holding a recorded interest in the real propert…
(a) An environmental covenant and any amendment or termination of the covenant must be recorded with the county recorder or registrar of titles, as applicable, in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.…
(a) 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 pursuant to section 114E.45; (3) terminated pursuant to paragraph (b) or (e); (4) terminated by foreclosure of an interest that has prio…
(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) the environmental agency; (2) the current owner of the fee simple title to the real property subject to the covenant; (3) every other original signatory to the covenant, or their successor or ass…
(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) a party to the covenant, including all holders; (2) the environmental agency that signed the covenant; (3) any person to whom the covenant expressly grants power to enforce; (4) a person whos…
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, United States Code, title 15, section 7001 et seq., but does not modify, limit, or supersede section 101 of that act, United States Code, title 15, section 7001(a), or authorize electronic delivery of any…