Idaho Code 55-3004 – Contents of Environmental Covenant
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(1) An environmental covenant must:
(a) State that the instrument is an environmental covenant executed pursuant to this chapter;
(b) Contain a legally sufficient description of the real property subject to the covenant;
(c) Describe the activity and use limitations on the real property;
(d) Identify every holder;
(e) Be signed by the agency, every holder, and unless waived by the agency every owner of the fee simple of the real property subject to the covenant; and
(f) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(2) In addition to the information required by subsection (1) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(a) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;
(b) Requirements for periodic reporting describing compliance with the covenant;
(c) Rights of access to the property granted in connection with implementation or enforcement of the covenant;
(d) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(e) Limitation on amendment or termination of the covenant in addition to those contained in sections 55-3009 and 55-3010, Idaho Code; and
(f) Rights of the holder in addition to its right to enforce the covenant pursuant to section 55-3011, Idaho Code.
Terms Used In Idaho Code 55-3004
- Activity and use limitations: means restrictions or obligations created under this chapter with respect to real property. See Idaho Code 55-3002
- Agency: means the Idaho department of environmental quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. See Idaho Code 55-3002
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Idaho Code 55-3002
- Environmental response project: means a plan or work performed for environmental remediation of real property and conducted:
Idaho Code 55-3002Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. Holder: means the grantee of an environmental covenant as specified in section 55-3003(1), Idaho Code. See Idaho Code 55-3002 Property: includes both real and personal property. See Idaho Code 73-114 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(3) 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.