(1) An environmental covenant and any amendment to or termination of that environmental covenant shall be recorded in the county clerk’s office in each county that contains any portion of the real property subject to the environmental covenant. For the purposes of indexing, a holder shall be treated as a grantee.
(2) Except as otherwise provided in KRS § 224.80-180(3), an environmental covenant shall be subject to the laws of the Commonwealth governing the recording and priority of interests in real property.

Terms Used In Kentucky Statutes 224.80-170

  • 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 Kentucky Statutes 224.80-100
  • Holder: means the grantee of an environmental covenant. See Kentucky Statutes 224.80-100
  • Indexing: means the practice or method kept by a county clerk's office to record legal property transactions. See Kentucky Statutes 224.80-100
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Termination: means the final actions taken by the cabinet as to a solid waste or hazardous waste treatment, storage, or disposal facility when formal responsibilities for post-closure monitoring and maintenance cease. See Kentucky Statutes 224.1-010

Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 8, effective June 20, 2005.

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