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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 16. UNIFORM ENVIRONMENTAL COVENANTS

44-16-11. Liability for violation and enforcement of environmental covenant.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:#

    1. (1)

      A party to the covenant;#

    2. (2)

      The agency;#

    3. (3)

      Any person to whom the covenant expressly grants power to enforce;#

    4. (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. (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. (6)

      A municipality, county, consolidated government, or other unit of local government in which the real property subject to the covenant is located.#

  2. (b)

    This chapter shall not limit the regulatory authority of the agency under law other than with respect to an environmental response project.#

  3. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

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.