KRS 224.80-100: Definitions for subchapter.

As used in this subchapter:

(1) "Activity and use limitations" means restrictions or obligations created under

KRS 224.80-100 to 224.80-210.

(2) "Applicant" means a person applying to the cabinet for approval of an

environmental covenant.

(3) "Cabinet" means the Energy and Environment Cabinet.

(4) "Common interest community" means a condominium, cooperative, or other

real property owned by a person as part of a parcel of real property for which

there is an obligation to pay property taxes, insurance premiums, or

maintenance, or to make improvements to the real property as described and

established in a recorded environmental covenant.

(5) "Environmental covenant" means a servitude arising under an environmental

response project that imposes activity and use limitations.

(6) "Environmental response project" means a plan or work performed for the

environmental remediation of real property conducted:

(a) Under a federal or state program governing environmental remediation of

real property including programs established pursuant to KRS 224.1-400,

224.1-405, 224.46-530, and 224.1-450 to 224.1-465;

(b) Incident to closure of a solid or hazardous waste management unit, if the

closure is conducted with approval of the cabinet; or

(c) Under a Commonwealth voluntary cleanup program authorized under

KRS 224.1-510 to 224.1-532.

(7) "Holder" means the grantee of an environmental covenant.

(8) "Indexing" means the practice or method kept by a county clerk's office to

record legal property transactions.

(9) "Interest" means all or part of a legal equitable claim to a right in real property

which shall include both possessory and nonpossessory interests.

(10) "Owner" means a person that owns a fee simple interest or any other interest

in real property that is subject to an environmental covenant.

(11) "Person" shall have the meaning specified in KRS 224.1-010(16).

(12) "Public notice" means the publication of required information in a daily or

weekly newspaper of major circulation located in the county or counties where

the property subject to the proposed environmental covenant is located. If there

is no daily or weekly newspaper of major circulation in the county or counties

where the property is located, public notice shall mean publication of required

information in a daily or weekly newspaper of major circulation in a county

adjacent to the county or counties where the property is located.

(13) "Subordination agreement" means an agreement affecting priority of interests

in a real property that is subject to an environmental covenant.

(14) "Servitude" means a right, burden, or restriction on the use of real property that

passes from the current owner or tenant to any owners or tenants in

succession.