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35-19-5
Section 35-19-5 Validity and enforceability of environmental covenants. (a) An environmental
covenant that complies with this chapter runs with the land. (b) An environmental covenant
that is otherwise effective is valid and enforceable even if any one or more of the following
conditions apply: (1) It is not appurtenant to an interest in real property. (2) It can be
or has been assigned to a person other than the original holder. (3) It is not of a character
that has been recognized traditionally at common law. (4) It imposes a negative burden. (5)
It imposes an affirmative obligation on a person having an interest in the real property or
on the holder. (6) The benefit or burden does not touch or concern real property. (7) There
is no privity of estate or contract. (8) The holder dies, ceases to exist, resigns, or is
replaced. (9) The owner of an interest subject to the environmental covenant and the holder
are the same person. (c) An instrument that creates restrictions or obligations...
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35-19-3
Section 35-19-3 Requirements for environmental covenants. (a) Any person, including a person
that owns an interest in the real property, an agency, or a municipality or other unit of
local government, may be a holder. An environmental covenant may identify more than one holder.
The interest of a holder is an interest in real property. (b) A right of an agency under this
chapter or under an environmental covenant, other than a right as a holder, is not an interest
in real property. (c) An agency is bound by any obligation it assumes in an environmental
covenant, but an agency does not assume obligations merely by signing an environmental covenant.
Any other person that signs an environmental covenant is bound by the obligations the person
assumes in the covenant, but signing the covenant does not change obligations, rights, or
protections granted or imposed under law other than this chapter except as provided in the
covenant. (d) The following rules apply to interests in real property...
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35-19-4
Section 35-19-4 Interest holders; rights of holders and agencies; priority. (a) An environmental
covenant must meet all of the following requirements: (1) State that the instrument is an
environmental covenant executed pursuant to this chapter. (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. (5) Be signed by the director,
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 of the following: (1) Requirements for notice following transfer...
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35-19-2
Section 35-19-2 Definitions. The following terms shall have the following meanings: (1) ACTIVITY
AND USE LIMITATIONS. Restrictions or obligations created under this chapter with respect to
real property. (2) AGENCY or DEPARTMENT. The Alabama Department of Environmental Management.
(3) COMMON INTEREST COMMUNITY. A condominium, cooperative, or other real property with respect
to which a person, by virtue of the person's ownership of a parcel of real property, is obligated
to pay property taxes or insurance premiums, or for maintenance, or improvement of other real
property described in a recorded covenant that creates the common interest community. (4)
DIRECTOR. The Director of the Alabama Department of Environmental Management or his or her
designated representative. (5) ENVIRONMENTAL COVENANT. A servitude arising under an environmental
response project that imposes activity and use limitations. (6) ENVIRONMENTAL RESPONSE PROJECT.
A plan or work performed for environmental remediation...
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19-3B-103
Section 19-3B-103 Definitions. In this chapter: (1) ACTION, with respect to an act of a trustee,
includes a failure to act. (2) ASCERTAINABLE STANDARD means a standard relating to an individual's
health, education, support, or maintenance within the meaning of Section 2041(b)(1)(A) or
2514(c)(1) of the Internal Revenue Code of 1986, as in effect on January 1, 2007, or as later
amended. (3) BENEFICIARY means a person that: (A) has a present or future beneficial interest
in a trust, vested or contingent; or (B) in a capacity other than that of trustee, holds a
power of appointment over trust property. (4) CHARITABLE TRUST means a trust, or portion of
a trust, created for a charitable purpose described in Section 19-3B-405(a). (5) CONSERVATOR
means a person appointed by the court to administer the estate of a minor or adult individual.
(6) ENVIRONMENTAL LAW means a federal, state, or local law, rule, regulation, or ordinance
relating to protection of the environment. (7) GUARDIAN means a...
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24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a quiet title
action under this section to quiet title to real property held by the authority or interests
in tax delinquent property held by the authority by recording with the office of the judge
of probate in the county in which the property subject to quiet title action is located a
notice of pending quiet title action. The notice shall include the name of the taxpayer whose
interest was affected by the tax sale; the name of any other party as revealed by a search
and examination of the title to the property who may claim an interest in the property; a
legal description of the property; the street address of the property if available; the name,
address, and telephone number of the authority; a statement that the property is subject to
the quiet title proceedings under Act 2013-249; and a statement that any legal interests in
the property may be extinguished by a circuit court order vesting title to...
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35-19-10
Section 35-19-10 Amendment or termination of environmental covenant. (a) Unless otherwise specified
in the environmental covenant, an environmental covenant may be amended or terminated by consent
only if the amendment or termination is signed by each of the following: (1) The agency, unless
waived by the agency, in which event the current owner of the fee simple of the real property
subject to the covenant must sign. (2) Each person that originally signed the covenant, unless
a person waived in a signed record the right to consent or a court finds that the person no
longer exists or cannot be located or identified with the exercise of reasonable diligence.
(3) Except as otherwise provided in subsection (d)(2), the holder. (b) If an interest in real
property is subject to an environmental covenant, the interest is not affected by an amendment
of the covenant unless the current owner of the interest consents to the amendment or has
waived in a signed record the right to consent to...
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35-19-11
Section 35-19-11 Administration and enforcement of chapter. (a) The department is designated
as the administrating agency for this chapter and is empowered to administer and enforce this
chapter using the authorities granted to it by the Environmental Management Act. However,
such designation shall not imply that the department shall assume any administration or enforcement
functions other than those directly related to the environmental covenant. (b) A civil action
for injunctive or other equitable relief for violation of an environmental covenant may be
maintained by any of the following parties or entities: (1) A party to the covenant. (2) Alabama
Department of Environmental Management. (3) Any person to whom the covenant expressly grants
power to enforce. (4) A person whose interest in the real property or whose collateral or
liability may be affected by the alleged violation of the covenant. (5) A municipality or
other unit of local government in which the real property subject to...
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35-19-12
Section 35-19-12 Registry of environmental covenants. (a) The Alabama Department of Environmental
Management shall establish and maintain a registry that contains all environmental covenants
and any amendment or termination of those covenants. The registry may also contain any other
information concerning environmental covenants and the real property subject to them which
the department considers appropriate. The registry is a public record for purposes of Section
36-12-40. (b) After an environmental covenant or an amendment or termination of a covenant
is filed in the registry established pursuant to subsection (a), a notice of the covenant,
amendment, or termination that complies with this section may be recorded in the land records
in lieu of recording the entire covenant. Any such notice must contain all of the following:
(1) A legally sufficient description and any available street address of the real property
subject to the covenant. (2) The name and address of the owner of the...
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35-18-3
Section 35-18-3 Actions affecting a conservation easement. (a) An action affecting a conservation
easement may be brought by any of the following: (1) An owner of an interest in the real property
burdened by the easement. (2) A holder of the easement. (3) A person having a third-party
right of enforcement only to the extent provided in the instrument creating the easement.
(b) This chapter does not affect the power of a court to modify or terminate a conservation
easement in accordance with the principles of law and equity applicable to other easements
and specifically including the doctrine of changed conditions. (Acts 1997, No. 97-715, p.
1483, ยง3.)...
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