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ROBERT L. EHRLICH, JR., Governor Ch. 229
(B) THE VALIDITY OF A COVENANT IS NOT AFFECTED BY FAILURE TO
PROVIDE A COPY OF THE COVENANT AS REQUIRED UNDER THIS SECTION.
1-807.
(A) (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.
(2) FOR PURPOSES OF INDEXING, A HOLDER SHALL BE TREATED AS A
GRANTEE.
(B) EXCEPT AS OTHERWISE PROVIDED UNDER § 1-808(C) OF THIS SUBTITLE,
AN ENVIRONMENTAL COVENANT IS SUBJECT TO THE LAWS OF THE STATE
GOVERNING RECORDING AND PRIORITY OF INTERESTS IN REAL PROPERTY.
1-808.
(A) AN ENVIRONMENTAL COVENANT IS PERPETUAL UNLESS IT IS:
(1) BY ITS TERMS, LIMITED TO A SPECIFIC DURATION OR TERMINATED
BY THE OCCURRENCE OF A SPECIFIC EVENT;
(2) TERMINATED BY CONSENT AS PROVIDED UNDER § 1-809 OF THIS
SUBTITLE;
(3) TERMINATED UNDER SUBSECTION (B) OF THIS SECTION;
(4) TERMINATED BY FORECLOSURE OF AN INTEREST THAT HAS
PRIORITY OVER THE ENVIRONMENTAL COVENANT; OR
(5) TERMINATED OR MODIFIED IN AN EMINENT DOMAIN PROCEEDING,
IF:
(I) THE AGENCY THAT SIGNED THE COVENANT IS A PARTY TO THE
PROCEEDING;
(II) EACH PERSON IDENTIFIED IN § 1-809(A) AND (B) OF THIS
SUBTITLE ARE GIVEN NOTICE OF THE PENDENCY OF THE PROCEEDING; AND
(III) THE COURT DETERMINES, AFTER A HEARING, THAT THE
TERMINATION OR MODIFICATION WILL NOT ADVERSELY AFFECT HUMAN HEALTH
OR THE ENVIRONMENT.
(B) (1) 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 § 1-809(A) AND (B) OF THIS SUBTITLE
HAVE BEEN GIVEN NOTICE, MAY TERMINATE THE COVENANT OR REDUCE ITS
BURDEN ON THE REAL PROPERTY SUBJECT TO THE COVENANT.
(2) THE AGENCYS DETERMINATION OR ITS FAILURE TO MAKE A
DETERMINATION UPON REQUEST IS SUBJECT TO REVIEW IN ACCORDANCE WITH THE
ADMINISTRATIVE PROCEDURE ACT.
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