Haw. Rev. Stat. § 508C-1
Short title
This chapter may be cited as the Uniform Environmental Covenants Act.
Hawaii Revised Statutes Chapter 508C — Uniform Environmental Covenants Act
Hawaii · statute · Haw. Rev. Stat. ch. 508C · 13 active provisions
Haw. Rev. Stat. § 508C-2
Definitions
As used in this chapter, unless the context otherwise requires: "Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property. "Agency" means the department of health or any other state or federal agency that determines or approves the environmental response pr…
Haw. Rev. Stat. § 508C-3
Nature of rights; subordination of interests
(a) Any person, the agency, or a county may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property. (b) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, shall not be an interest i…
Haw. Rev. Stat. § 508C-4
Contents of environmental covenant
(a) An environmental covenant shall: (1) State 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) Include at least one holde…
Haw. Rev. Stat. § 508C-5
Validity; effect on other instruments
(a) An environmental covenant that complies with this chapter shall run with the land. (b) An environmental covenant that is otherwise effective shall be 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 holde…
Haw. Rev. Stat. § 508C-6
Relationship to other land use law
This chapter shall 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. An environmental covenant may prohibit or restrict uses of real property that are…
Haw. Rev. Stat. § 508C-7
Notice
(a) A copy of an environmental covenant shall be provided by the person determined by the agency and in the manner required by the agency to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to the covenant; (3) Each person in possession of the real prop…
Haw. Rev. Stat. § 508C-8
Recording
(a) An environmental covenant and any amendment or termination of the covenant shall be recorded by the grantor of the covenant with the registrar of conveyances. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise provided in section 508C‑9(c), an environmental covenant is subject…
Haw. Rev. Stat. § 508C-9
Duration; amendment by court action
(a) An environmental covenant shall be considered 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 508C‑10; (3) Terminated pursuant to subsection (b); (4) Terminated by foreclosure of an interest th…
Haw. Rev. Stat. § 508C-10
Amendment or termination by consent
(a) An environmental covenant may be amended or terminated by consent; provided that the amendment or termination is signed by: (1) The agency; (2) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant; (3) Each person that originally signed the covenant, unless t…
Haw. Rev. Stat. § 508C-11
Enforcement of environmental covenant
(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; (2) The department or any other agency specified in the covenant; (3) Any person to whom the covenant expressly grants power to enforce; (4) A person whose interest i…
Haw. Rev. Stat. § 508C-12
Registry
The department shall establish a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them that the department considers appropriate. The department…
Haw. Rev. Stat. § 508C-13
Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq.; provided that it shall not modify, limit, or supersede section 101 of that Act, 15 U.S.C. section 7001 (a), or authorize electronic delivery of any of the notices described…