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2005 LAWS OF MARYLAND
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Ch. 229
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(C) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (A) AND (B) OF THIS
SECTION, AN ENVIRONMENTAL COVENANT MAY NOT BE EXTINGUISHED, LIMITED,
OR IMPAIRED THROUGH ISSUANCE OF A TAX DEED, 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.
1-809.
(A) AN ENVIRONMENTAL COVENANT MAY BE AMENDED OR TERMINATED BY
CONSENT ONLY IF THE AMENDMENT OR TERMINATION IS SIGNED BY:
(1) THE AGENCY;
(2) UNLESS WAIVED BY THE AGENCY, THE CURRENT OWNER OF THE
FEE SIMPLE OF THE REAL PROPERTY SUBJECT TO THE COVENANT;
(3) EACH PERSON THAT ORIGINALLY SIGNED THE COVENANT, UNLESS:
(I) THE PERSON WAIVED IN A SIGNED RECORD THE RIGHT TO
CONSENT; OR
(II) A COURT FINDS THAT THE PERSON NO LONGER EXISTS OR
CANNOT BE LOCATED OR IDENTIFIED WITH THE EXERCISE OF REASONABLE
DILIGENCE; AND
(4) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (D)(2) OF THIS
SECTION, THE HOLDER.
(B) IF AN INTEREST IN REAL PROPERTY IS SUBJECT TO AN ENVIRONMENTAL
COVENANT, THE INTEREST IS NOT AFFECTED BY AN AMENDMENT OF THE
COVENANT UNLESS THE CURRENT OWNER OF THE INTEREST CONSENTS TO THE
AMENDMENT OR HAS WAIVED IN A SIGNED RECORD THE RIGHT TO CONSENT TO
AMENDMENTS.
(C) EXCEPT FOR AN ASSIGNMENT UNDERTAKEN IN ACCORDANCE WITH A
GOVERNMENTAL REORGANIZATION, ASSIGNMENT OF AN ENVIRONMENTAL
COVENANT TO A NEW HOLDER SHALL BE CONSIDERED TO BE AN AMENDMENT OF
THE COVENANT.
(D) EXCEPT AS OTHERWISE PROVIDED IN AN ENVIRONMENTAL COVENANT:
(1) A HOLDER MAY NOT ASSIGN ITS INTEREST WITHOUT CONSENT OF
THE OTHER PARTIES; AND
(2) A HOLDER MAY BE REMOVED AND REPLACED BY AGREEMENT OF
THE OTHER PARTIES SPECIFIED IN SUBSECTION (A) OF THIS SECTION.
(E) A COURT OF COMPETENT JURISDICTION MAY FILL A VACANCY IN THE
POSITION OF HOLDER.
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- 1236 -
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