Kansas Statutes 65-1,225. Same; recording with register of deeds; enforcement
(a) After an environmental use control has been approved by the department, the owner must register the environmental use control with the register of deeds in the county where the property is located or, if property is owned by the United States or a division thereof, a notice of the environmental use control must be filed with the register of deeds in the county where the property is located. When registering the environmental use control or filing the notice, the following must be included:
(1) A notarized original environmental use control agreement between the applicant and the department; and
Terms Used In Kansas Statutes 65-1,225
- Department: means the department of health and environment. See Kansas Statutes 65-1,175
- Environmental use control: means an institutional or administrative control, a restriction, prohibition or control of one or more uses of, or activities on, a specific property, as requested by the property owner at the time of issuance, to ensure future protection of public health and the environment when environmental contamination which exceeds department standards for unrestricted use remains on the property following the appropriate assessment and/or remedial activities as directed by the department pursuant to the secretary's authority. See Kansas Statutes 65-1,222
- owner: means the title holder of record or a person purchasing the lot or tract in question under a written contract of sale. See Kansas Statutes 65-185
- Property: means real property. See Kansas Statutes 65-1,222
- seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper. See Kansas Statutes 77-201
(2) an adequate legal description or legal survey of the property which identifies the portion of the property which is subject to the environmental use control.
(b) The applicant must provide to the department a notarized copy of the recorded environmental use control agreement with the register of deeds seal for the property.
(c) Recorded environmental use controls established pursuant to this act shall be enforceable as set forth in Kan. Stat. Ann. § 65-1,229, and amendments thereto.