Definitions

As used in this chapter, the term: (1) “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property. (2) “Agency” means the Environmental Protection Division of the Department of Natural Resources or any federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. (3) “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. (4) “Environmental covenant” means a servitude arising under an environmental response project that imposes activity and use limitations. 890 44-16-3 (5) “Environmental response project” means a plan or work performed for environmental remediation of real property and conducted: (A) Under a federal or state program governing environmental remediation of real property; (B) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or (C) Under a state voluntary clean-up program. (6) “Holder” means the grantee of an environmental covenant as specified in subsection (a) of Code Section 44-16-3. (7) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, political subdivision, agency, or instrumentality, or any other legal or commercial entity. (8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. History. Code 1981, § 44-16-2, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132. 44-16-3. Holders of environmental covenants; rights of agency; rules. (a) Any person, including a person that owns an interest in the real property, the agency, or a municipality, county, consolidated government, or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be 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, shall not be considered an interest in real property. (c) An agency shall be bound by any obligation it assumes in an environmental covenant, but an agency shall not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant shall be bound by the obligations the person assumes in the covenant, but signing the covenant shall not change obligations, rights, or protections granted or imposed under law. (d) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended: (1) An interest that has priority under other law shall not be 891 44-16-4 affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant; (2) The provisions of this chapter shall not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant; (3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners’ association; and (4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person’s interest but shall not by itself impose any affirmative obligation on the person with respect to the environmental covenant. History. Code 1981, § 44-16-3, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132. 44-16-4. Requirements for environmental covenant.