Registry--Substitute notice

SDCL § 34A-17-12 — under UNIFORM ENVIRONMENTAL COVENANTS ACT.

SDCL § 34A-17-12

(a) The secretary of state shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the secretary of state considers appropriate. The registry is a public record. (b) After an environmental covenant or an amendment or termination of a covenant is filed in the registry established pursuant to subsection (a), a notice of the covenant, amendment, or termination that complies with this section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain: (1) A legally sufficient description and any available street address of the real property subject to the covenant; (2) The name and address of the owner of the fee simple interest in the real property, the agency, and the holder if other than the agency; (3) A statement that the covenant, amendment, or termination is available in a registry at the Office of the Secretary of State which discloses the method of any electronic access; and (4) A statement that the notice is notification of an environmental covenant executed pursuant to this chapter. (c) A statement in substantially the following form, executed with the same formalities as a deed in this state, satisfies the requirements of subsection (b): "1. This notice is filed in the land records of the county of [insert name of jurisdiction in which the real property is located] pursuant to §