(a) An environmental covenant must:
         (1) State that the instrument is an environmental
    
covenant executed pursuant to this Act.
        (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 every holder.
contract signature

Need help reviewing a real estate contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Illinois Compiled Statutes 765 ILCS 122/4

  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

         (5) 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.
        (6) Identify the name and location of any
    
administrative record for the environmental response project reflected in the environmental covenant.
    (b) In addition to the information required by subsection (a), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
         (1) 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.
        (2) Requirements for periodic reporting describing
    
compliance with the covenant.
        (3) Rights of access to the property granted in
    
connection with implementation or enforcement of the covenant.
        (4) 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.
        (5) Limitation on amendment or termination of the
    
covenant in addition to those contained in Sections 9 and 10.
        (6) Rights of the holder in addition to its right to
    
enforce the covenant pursuant to Section 11.
    (c) 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.
  Previous section
Next section  
 765 ILCS 122 Contents