§ 49.19. Duration--Amendment by court action
Oklahoma Statutes AnnotatedTitle 60. Property
60 Okl.St.Ann. § 49.19
§ 49.19. Duration--Amendment by court action
DURATION; AMENDMENT BY COURT ACTION.
2. Terminated by consent pursuant to Section 10 of this act;1
B. 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 subsections A and B of Section 10 of this act have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request is subject to review pursuant to the Administrative Procedures Act.2
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.
D. An environmental covenant may not be extinguished, limited, or impaired by application of the provisions of Sections 71 through 85 of Title 16 of the Oklahoma Statutes or the Uniform Unclaimed Property Act.3
Credits
Laws 2006, c. 182, § 9, eff. Jan. 1, 2007.
Footnotes
O.S.L.2006, c. 182, § 10 [Title 60, § 49.20].
Title 75, § 250 et seq.
Title 60, § 651 et seq.
60 Okl. St. Ann. § 49.19, OK ST T. 60 § 49.19
Current with emergency effective legislation through Chapter 125 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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