§3008.__Recording

1.__Recording required.__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.__Subject to laws governing recording priority.__Except as otherwise provided in section 3009, subsection 3, an environmental covenant is subject to the laws of this State governing recording and priority of interests in real property.

§3009.__Duration; amendment by court action

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;

B.__Terminated by consent pursuant to section 3010;

C.__Terminated pursuant to subsection 2;

D.__Terminated by operation of other laws of this State governing priority of interests; or

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.

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