KRS 224.80-180: Covenant to exist in perpetuity except under certain circumstances --

Petition to court to terminate or reduce burden of environmental covenant.

(1) An environmental covenant shall be perpetual, except under the following

circumstances:

(a) By its terms, the environmental covenant is limited to a specific duration or is

terminated by the occurrence of a specific event;

(b) The environmental covenant is terminated pursuant to KRS 224.80-190;

(c) The environmental covenant is terminated by forecl osure of an interest that

has priority over the environmental covenant;

(d) The environmental covenant is terminated or modified in an eminent domain

proceeding and the following conditions exist:

1. The cabinet is a party to the eminent domain proceeding;

2. All persons identified in KRS 224.80 -190(1) and (2) are given notice of

the pendency of the eminent domain proceeding; and

3. A court of competent jurisdiction determines, after hearing, that the

termination or modification of the environmental covenan t will not

adversely affect human health or the environment; or

(e) The environm ental covenant is amended to remove or reduce a land use

restriction pursuant to KRS 224.80 -190, and further court approval is not

required.

(2) If the cabinet or if any holder determines that the intended benefits of an

environmental covenant can no longer be realized, Franklin Circuit Court, under the

doctrine of changed circumstances, in an action in which all persons identified in

KRS 224.80 -190(1) and (2) have been given notice, may terminate the

environmental covenant or reduce its burden on the real property subject to the

environmental covenant.

(3) Except as otherwise provided in subsections (1) and (2) of this section, an

environmental covenant may not be extinguished, limited, or impaired through the

issuance of a tax deed, foreclosure of a tax li en, or application of the doctrine of

adverse possession, prescription, abandonment, waiver, lack of enforcement,

acquiescence, or a similar doctrine.