38 M.R.S. § 3009 Duration; Amendment By Court Action

• Library: Maine Revised Statutes
• Edition: 2023
• Currency: Current through 131st (2023-2024) Legislature Chapter 486
• Year: 2023
• Citation: 38 M.R.S. § 3009

1.Perpetual duration. An environmental covenant is perpetual unless it is:

A. By its terms limited to a specific duration or terminated by the occurrence of a specific event; [ 2005, c. 370, § 1 (NEW) .]

B. Terminated by consent pursuant to section 3010; [ 2005, c. 370, § 1 (NEW) .]

C. Terminated pursuant to subsection 2; [ 2005, c. 370, § 1 (NEW) .]

D. Terminated by operation of other laws of this State governing priority of interests; or [ 2005, c. 370, § 1 (NEW) .]

E. Terminated or modified in an eminent domain proceeding, but only if:

(1) The agency that signed the covenant is a party to the proceeding;

(2) All persons identified in section 3010, subsections 1 and 2 are given notice of the pendency of the proceeding; and

(3) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment. [ 2005, c. 370, § 1 (NEW) .]

[ 2005, c. 370, § 1 (NEW) .]

2.Intended benefits can no longer be realized. If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in section 3010, subsections 1 and 2 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.