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Kentucky General Assembly· SB 222signed by Governor (Acts Ch. 55)

An act relating to environmental covenants and declaring an emergency., the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Kentucky General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
UNOFFICIAL COPY                                             26 RS SB 222/GA

1   AN ACT relating to environmental covenants and declaring an emergency.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 224.80-190 is amended to read as follows:

4 (1) (a) Except as provided in paragraph (b) of this subsection, an environmental

5   covenant may be amended or terminated by consent only if the amendment or

6   termination is requested as a modification to the corrective action plan

7   approved by the cabinet, and only if the amendment or termination is signed

8   by:

9   1.[(a)] The cabinet;

10  2.[(b)] The current owner of the fee simple of the real property subject to

11       the covenant;

12  3.[(c)] Each person that originally signed the environmental covenant or

13       that person's heirs, assigns, or transferees unless:

14       a.[1.] The person or the person's heirs, assigns, or transferees waived in a

15                   signed document the right to consent; or

16       b.[2.] A court finds that the person no longer exists or cannot be located

17                   or identified with the exercise of reasonable diligence; and

18  4.[(d)] The holder, except as otherwise provided in subsection (4)(b) of

19       this section.

20  (b) The consent of a holder or of persons identified in paragraph (a)3. of this

21  subsection shall not be required for an amendment that has the sole effect

22  of removing or reducing a land use restriction in an environmental

23  covenant, if the cabinet determines that the restriction is no longer

24  necessary to protect human health or the environment as a result of

25  corrective action performed under a plan approved by the cabinet, and the

26  requirements of subsection (6) of this section have been satisfied.

27 (2) If an interest in real property is subject to an environmental covenant, the interest

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1   shall not be affected by an amendment of the environmental covenant unless:

2   (a) The current owner of the interest consents to the amendment; or

3   (b) The current owner of the interest has waived in a signed record the right to

4   consent to the amendments.

5 (3) Except for an assignment undertaken pursuant to a governmental reorganization,

6   assignment of an environmental covenant to a new holder shall be deemed an

7   amendment of the environmental covenant.

8 (4) Except as otherwise provided in an environmental covenant:

9   (a) A holder may not assign its interest without consent of the other parties to the

10  environmental covenant specified in subsection (1) of this section; and

11  (b) A holder may be removed and replaced by agreement of the other parties

12  specified in subsection (1) of this section.

13 (5) A court of competent jurisdiction may fill a vacancy in the position of the holder.

14 (6) (a) When the cabinet determines that corrective action performed under a

15  cabinet-approved plan has eliminated the environmental conditions

16  necessitating a land use restriction in an environmental covenant, the

17  cabinet shall issue a proposed determination authorizing the amendment of

18  the covenant to remove or reduce the restriction.

19  (b) The cabinet shall provide written notice of the proposed determination and

20  the proposed amended covenant to the holder and to all persons identified

21  in subsection (1)(a)2. and 3. of this section. The notice shall advise

22  recipients that any objection to the proposed amended covenant must be

23  filed with the cabinet within thirty (30) days of receipt and must state in

24  writing with reasonable specificity the legal or technical basis for

25  maintaining the restriction.

26  (c) If no objection is submitted within thirty (30) days, the cabinet shall issue a

27  final determination approving the amendment, and the amendment shall be

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    UNOFFICIAL COPY                                              26 RS SB 222/GA

1   effective upon recordation.

2   (d) If a timely objection is submitted, the cabinet shall consider the objection

3   and issue a final written determination within forty-five (45) days of the

4   receipt of the objection. The cabinet's final determination shall approve,

5   modify, or deny the proposed amendment.

6   (e) Once the cabinet's final determination has been made, the objector shall

7   have thirty (30) days to seek judicial review of the final determination by

8   filing an action in the Franklin Circuit Court. In the proceeding, the

9   burden shall be on the objector to demonstrate that the removal or

10  reduction of the restriction would adversely affect human health or the

11  environment. If the objector is unsuccessful in the proceeding, the proposed

12  amendment shall be effective upon recordation.

13  (f) If no action for judicial review is filed within thirty (30) days of the

14  cabinet's final determination, the right to challenge the proposed

15  amendment shall be waived and the proposed amendment shall be effective

16  upon recordation.

17  Section 2. KRS 224.80-180 is amended to read as follows:

18 (1) An environmental covenant shall be perpetual, except under the following

19  circumstances:

20  (a) By its terms, the environmental covenant is limited to a specific duration or is

21  terminated by the occurrence of a specific event;

22  (b) The environmental covenant is terminated pursuant to KRS 224.80-190;

23  (c) The environmental covenant is terminated by foreclosure of an interest that

24  has priority over the environmental covenant;[ or]

25  (d) The environmental covenant is terminated or modified in an eminent domain

26  proceeding and the following conditions exist:

27  1. The cabinet is a party to the eminent domain proceeding;

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1   2. All persons identified in KRS 224.80-190(1) and (2) are given notice of

2   the pendency of the eminent domain proceeding; and

3   3. A court of competent jurisdiction determines, after hearing, that the

4   termination or modification of the environmental covenant will not

5   adversely affect human health or the environment; or

6   (e) The environmental covenant is amended to remove or reduce a land use

7   restriction pursuant to Section 1 of this Act, and further court approval is

8   not required.

9 (2) If the cabinet or if any holder determines that the intended benefits of an

10  environmental covenant can no longer be realized, Franklin Circuit Court, under the

11  doctrine of changed circumstances, in an action in which all persons identified in

12  KRS 224.80-190(1) and (2) have been given notice, may terminate the

13  environmental covenant or reduce its burden on the real property subject to the

14  environmental covenant.

15 (3) Except as otherwise provided in subsections (1) and (2) of this section, an

16  environmental covenant may not be extinguished, limited, or impaired through the

17  issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of

18  adverse possession, prescription, abandonment, waiver, lack of enforcement,

19  acquiescence, or a similar doctrine.

20  Section 3. The provisions of Sections 1 and 2 of this Act shall apply to all

21 environmental covenants recorded pursuant to KRS 224.80-100 to 224.80-210, including

22 those recorded prior to the effective date of this Act.

23  Section 4. Whereas it is critical that an efficient procedure be established for the

24 timely removal of land use restrictions in environmental covenants that have been

25 deemed no longer necessary so that the affected land can be put to its highest and best use

26 as soon as possible, an emergency is declared to exist, and this Act takes effect upon its

27 passage and approval by the Governor or upon its otherwise becoming a law.

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