Official Code of Georgia Annotated
Title 44. PROPERTY · Chapter 16. UNIFORM ENVIRONMENTAL COVENANTS
44-16-11. Liability for violation and enforcement of environmental covenant.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:#
- (1)
A party to the covenant;#
- (2)
The agency;#
- (3)
Any person to whom the covenant expressly grants power to enforce;#
- (4)
Any owner in fee simple whose property abuts the property subject to the environmental covenant, if harm occurs or is reasonably likely to occur;#
- (5)
A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or#
- (6)
A municipality, county, consolidated government, or other unit of local government in which the real property subject to the covenant is located.#
- (b)
This chapter shall not limit the regulatory authority of the agency under law other than with respect to an environmental response project.#
- (c)
A person shall not be responsible for or subject to liability for environmental remediation solely because such person has the right to enforce an environmental covenant.#
History
Code 1981, § 44-16-11, enacted by Ga. L. 2008, p. 1168, § 1/HB 1132.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, pages 911 to 912; merge action: carried; file SHA-256 02e72213893a.