Any person, including a person that owns an interest in the real property, a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one (1) holder. The interest of a holder is an interest in real property.
A right of an agency under this chapter or under an environmental covenant is not an interest in real property. Nothing in this chapter authorizes the commission to act as a holder.
An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing or approving an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.
The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:
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