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| 1.__Perpetual duration.__An environmental covenant is perpetual | | unless it is: |
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| | | A.__By its terms limited to a specific duration or | | terminated by the occurrence of a specific event; |
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| | | B.__Terminated by consent pursuant to section 3010; |
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| | | C.__Terminated pursuant to subsection 2; |
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| | | D.__Terminated by operation of other laws of this State | | governing priority of interests; or |
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| | | E.__Terminated or modified in an eminent domain proceeding, | | but only if: |
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| | | (1)__The agency that signed the covenant is a party to | | the proceeding; |
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| | | (2)__All persons identified in section 3010, | | subsections 1 and 2 are given notice of the pendency of | | the proceeding; and |
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| | | (3)__The court determines, after hearing, that the | | termination or modification will not adversely affect | | human health or the environment. |
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| | | 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 | | action in which all persons identified in section 3010, | | subsections 1 and 2 have been given notice, may terminate the | | covenant or reduce its burden on the real property subject to the | | covenant. |
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| | | 3.__Extinguished, limited or impaired.__Except as otherwise | | provided in subsections 1 and 2, an environmental covenant may | | not be extinguished, limited or impaired through issuance of a | | tax deed or foreclosure of a tax lien or application of the | | doctrine of adverse possession, prescription, abandonment, | | waiver, lack of enforcement or acquiescence or a similar | | doctrine. |
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| | | 4.__Laws governing marketable title and dormant mineral | | interests.__An environmental covenant may not be extinguished, | | limited or impaired by application of laws governing marketable | | title and dormant mineral interests. |
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| | | §3010.__Amendment or termination by consent |
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