38 M.R.S. § 3002 Definitions

• Library: Maine Revised Statutes
• Edition: 2023
• Currency: Current through 131st (2023-2024) Legislature Chapter 486
• Year: 2023
• Citation: 38 M.R.S. § 3002

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [ 2005, c. 370, § 1 (NEW) .]

1.Activity and use limitations. "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property.

[ 2005, c. 370, § 1 (NEW) .]

2.Agency. "Agency" means the department or any legal successor or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.

[ 2005, c. 370, § 1 (NEW) .]

3.Common interest community. "Common interest community" means 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.

[ 2005, c. 370, § 1 (NEW) .]

4.Environmental covenant; covenant. "Environmental covenant" or "covenant" means a servitude arising under an environmental response project and documented in a recordable instrument that imposes activity and use limitations. "Environmental covenant" does not include a municipal ordinance, a voluntary or other remedial action plan or a condition added thereto or an administrative or judicial order, whether unilateral or by consent, that may impose activity or use limitations.

[ 2005, c. 370, § 1 (NEW) .]

5.Environmental response project. "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted: