{"data":{"id":"us-ky/krs-224.80-180","jurisdiction":"us-ky","citation":"KRS 224.80-180","heading":"Covenant to exist in perpetuity except under certain circumstances --","body":"Petition to court to terminate or reduce burden of environmental covenant.\n(1) An environmental covenant shall be perpetual, except under the following\ncircumstances:\n(a) By its terms, the environmental covenant is limited to a specific duration or is\nterminated by the occurrence of a specific event;\n(b) The environmental covenant is terminated pursuant to KRS 224.80-190;\n(c) The environmental covenant is terminated by forecl osure of an interest that\nhas priority over the environmental covenant;\n(d) The environmental covenant is terminated or modified in an eminent domain\nproceeding and the following conditions exist:\n1. The cabinet is a party to the eminent domain proceeding;\n2. All persons identified in KRS 224.80 -190(1) and (2) are given notice of\nthe pendency of the eminent domain proceeding; and\n3. A court of competent jurisdiction determines, after hearing, that the\ntermination or modification of the environmental covenan t will not\nadversely affect human health or the environment; or\n(e) The environm ental covenant is amended to remove or reduce a land use\nrestriction pursuant to KRS 224.80 -190, and further court approval is not\nrequired.\n(2) If the cabinet or if any holder determines that the intended benefits of an\nenvironmental covenant can no longer be realized, Franklin Circuit Court, under the\ndoctrine of changed circumstances, in an action in which all persons identified in\nKRS 224.80 -190(1) and (2) have been given notice, may terminate the\nenvironmental covenant or reduce its burden on the real property subject to the\nenvironmental covenant.\n(3) Except as otherwise provided in subsections (1) and (2) of this section, an\nenvironmental covenant may not be extinguished, limited, or impaired through the\nissuance of a tax deed, foreclosure of a tax li en, or application of the doctrine of\nadverse possession, prescription, abandonment, waiver, lack of enforcement,\nacquiescence, or a similar doctrine.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56769","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:42Z","sha256":"f266b94d9eac16f03d7103fc99c4b92ec3626d377cd4f6cbdfe21a5f420c5038","source_id":"us-ky","stale":false,"prev":"us-ky/krs-224.80-170","next":"us-ky/krs-224.80-190"},"notice":"GroundRules: Original legal text. Not legal advice."}