78453610.1-1245Virginia Decodedhttps://vacode.org2016ConservationActivities Administered By Other EntitiesUniform Environmental Covenants ActDuration; amendment by court action2010, c. 691.http://law.lis.virginia.gov/vacode/10.1-1245/10.1-1246Amendment or termination by consent/10.1-1246/2.2-4000Short title; purpose/2.2-4000//10.1-1245/10.1/II/12.2/10.1-124510.1-1244An environmental covenant is perpetual unless it is:sectionAA1 By its terms limited to a specific duration or terminated by the occurrence of a specific event;sectionA1A12 Terminated by consent pursuant to § 10.1-1246;sectionA2A22 Terminated pursuant to subsection B;sectionA3A32 Terminated by foreclosure of an interest that has priority over the environmental covenant; orsectionA4A42 Terminated or modified in an eminent domain proceeding, but only if:
sectionA5A52 The agency that signed the covenant is a party to the proceeding;sectionA5aA5a3 All persons identified in subsections A and B of § 10.1-1246 are given notice of the pendency of the proceeding; andsectionA5bA5b3 The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.sectionA5cA5c3If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons sectionBB1Except as otherwise provided in subsections A and B, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.sectionCC1