An environmental covenant is perpetual unless it is:
The commission and the agency that signed the covenant are parties to the proceeding;
All persons identified in Section 89-23-19(a) and (b) are given notice of the pendency of the proceeding; and
The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment; or
If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, the commission, by an order in which all persons identified in Section 89-23-19(a) and (b) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.
The commission's order shall be subject to review as provided in Section 49-17-41. Failure by the commission to make a determination within one hundred twenty (120) days of a request to terminate the covenant or reduce its burden on the real property subject to the covenant shall be deemed a decision that the environmental covenant should not be terminated or modified and parties listed in Section 89-23-21 may request a hearing before the commission in accordance with Section 49-17-41.
Except as otherwise provided in subsection (a), 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.
Structure Mississippi Code
Title 89 - Real and Personal Property
Chapter 23 - Mississippi Uniform Environmental Covenants Act
§ 89-23-5. Holder defined; rights and obligations; subordination of rights
§ 89-23-7. Contents of environmental covenant
§ 89-23-9. Validity of environmental covenant; effect on other instruments
§ 89-23-11. Relation of this chapter to other land-use laws
§ 89-23-13. Notice requirement; penalty for failure to provide notice
§ 89-23-15. Recording of environmental covenant, amendment, and termination
§ 89-23-17. Duration of environmental covenants
§ 89-23-19. Amendment or termination of environmental covenant; consent
§ 89-23-21. Violation of environmental covenant; injunctive relief
§ 89-23-23. Application and construction of chapter