Kentucky Statutes 224.80-200 – Civil action for injunctive or other equitable relief
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(1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be brought by:
(a) A party to the environmental covenant; (b) The cabinet;
(c) Any person to whom the environmental covenant expressly grants power to enforce;
(d) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the environmental covenant; or
(e) A municipality or other unit of local government in which the real property subject to the environmental covenant is located.
(2) KRS § 224.80-100 to KRS § 224.80-210 shall not limit the cabinet’s exercise of regulatory authority under law with respect to an environmental response project unless the environmental covenant expressly prohibits the cabinet from undertaking specified actions.
(3) A person shall not be responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 11, effective June 20, 2005.
(a) A party to the environmental covenant; (b) The cabinet;
Terms Used In Kentucky Statutes 224.80-200
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.80-100
- Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Kentucky Statutes 224.80-100
- Environmental response project: means a plan or work performed for the environmental remediation of real property conducted:
(a) Under a federal or state program governing environmental remediation of real property including programs established pursuant to KRS §. See Kentucky Statutes 224.80-100 - Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Interest: means all or part of a legal equitable claim to a right in real property which shall include both possessory and nonpossessory interests. See Kentucky Statutes 224.80-100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) Any person to whom the environmental covenant expressly grants power to enforce;
(d) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the environmental covenant; or
(e) A municipality or other unit of local government in which the real property subject to the environmental covenant is located.
(2) KRS § 224.80-100 to KRS § 224.80-210 shall not limit the cabinet’s exercise of regulatory authority under law with respect to an environmental response project unless the environmental covenant expressly prohibits the cabinet from undertaking specified actions.
(3) A person shall not be responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 92, sec. 11, effective June 20, 2005.