Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2023 | Updated by FindLaw Staff
(a) An environmental covenant must:
(1) state on its first page 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 and acknowledged by the environmental agency, every holder, and every owner of the fee simple title to the real property subject to the covenant; and
(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 paragraph (a), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(1) requirements for notice of any transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination or the environmental response project on, the real property subject to the covenant;
(2) requirements for periodic reporting describing compliance with the covenant;
(3) rights of access to the real property granted in connection with implementation or enforcement of the covenant;
(4) a brief narrative description of the contamination and environmental response project, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(5) limitation on amendment or termination of the covenant in addition to those contained in sections 114E.40 and 114E.45;
(6) rights of the holder in addition to its right to enforce the covenant pursuant to section 114E.50; and
(7) waiver of a party's right to consent to the amendment or termination of a covenant under section 114E.45, paragraph (a), clause (3).
(c) The environmental agency may set reasonable conditions for its approval of an environmental covenant, including:
(1) requiring that persons specified by the agency that have interests in the real property also sign the covenant;
(2) requiring that a person who holds a prior interest in the real property subject to the covenant agree to subordinate that interest where applicable; and
(3) requiring the inclusion within the text of the covenant information, restrictions, or requirements as described in paragraph (b).
Cite this article: FindLaw.com - Minnesota Statutes Environmental Protection (Ch. 114C-116I) § 114E.15. Contents of environmental covenant - last updated January 01, 2023 | https://codes.findlaw.com/mn/environmental-protection-ch-114c-116i/mn-st-sect-114e-15/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)