Title 47 — Property

1. "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property. 2. "Agency" means the department of environmental quality or any other state or federal agency that determines or approves the environmental response proj…

1. Any person, including a person that owns an interest in the real property, the 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. 2…

1. An environmental covenant must: a. State the instrument is an environmental covenant executed pursuant to chapter 47-37; b. Contain a legally sufficient description of the real property subject to the covenant; c. Describe the activity and use limitations on the real property;…

1. An environmental covenant that complies with this chapter runs with the land. 2. An environmental covenant that is otherwise effective is valid and enforceable even if: a. It is not appurtenant to an interest in real property; b. It can be or has been assigned to a person othe…

This chapter does not authorize a use of real property which is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or…

1. A copy of an environmental covenant must be provided by the persons and in the manner required by the agency to: a. Each person that signed the covenant; b. Each person holding a recorded interest in the real property subject to the covenant; c. Each person in possession of th…

1. An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder must be treated as a grantee. 2. Except as otherwise pro…

1. 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; b. Terminated by consent pursuant to section 47-37-09; c. Terminated pursuant to subsection 2; d. Terminated by foreclosure …

1. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: a. The agency; b. Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant; c. Each person that originally …

1. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: a. A party to the covenant; b. The agency or, if it is not the agency, the department of environmental quality; c. Any person to which the covenant expressl…

1. The department of environmental quality shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry also may contain any other information concerning environmental covenants and the real pr…

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.], but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic delivery of any of the not…