Utah § 57-25-110 - Amendment or termination by consent.
Full text of Utah Utah Code § 57-25-110 — Amendment or termination by consent., with citation guidance and answers to common questions.
§ 57-25-110. Amendment or termination by consent.
57-25-110.
Amendment or termination by consent.
(1)
An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:
(a)
the agency;
(b)
unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;
(c)
each person that originally signed the covenant, unless:
(i)
the person waived in a signed record the right to consent;
(ii)
the executive director of the Department of Environmental Quality finds that the person:
(A)
no longer exists;
(B)
is not legally competent to sign the amendment or termination; or
(C)
cannot be located or identified with the exercise of reasonable diligence; or
(iii)
a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and
(d)
except as otherwise provided in Subsection (4)(b), the holder.
(2)
If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.
(3)
Except for an assignment undertaken under a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.
(4)
Except as otherwise provided in an environmental covenant:
(a)
a holder may not assign its interest without consent of the other parties; and
(b)
a holder may be removed and replaced by agreement of the other parties specified in Subsection (1).
(5)
A court of competent jurisdiction may fill a vacancy in the position of holder.
(6)
A person required by Subsection (1) to sign the amendment or termination may authorize in writing another person to sign the amendment or termination on the person's behalf.
Section 57-25-110 ("Amendment or termination by consent.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 57-25-110?
A common citation format is "Utah Code § 57-25-110" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 57-25-110 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
