Full Text of SB2110 95th General Assembly
SB2110sam002 95TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 4/1/2008
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LRB095 16127 RCE 48601 a |
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| AMENDMENT TO SENATE BILL 2110
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| AMENDMENT NO. ______. Amend Senate Bill 2110 on page 2, | 3 |
| immediately below line 19, by inserting the following:
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| "(8) "Prior interest" means a preceding or senior interest, | 5 |
| in time or in right, that is recorded with respect to the real | 6 |
| property, including but not limited to a mortgage, easement, or | 7 |
| other interest, lien, or encumbrance predating the recording of | 8 |
| an environmental covenant."; and
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| on page 2, line 20, by changing "(8)" to "(9)"; and
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| on page 2, line 24, by changing "(9)" to "(10)"; and | 11 |
| on page 3, immediately below line 2, by inserting the | 12 |
| following:
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| "(a) An owner or owners of real property may voluntarily |
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LRB095 16127 RCE 48601 a |
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| enter into an environmental covenant, as a grantor of an | 2 |
| interest in the real property, with an agency and, if | 3 |
| appropriate, one or more holders. No owner, agency, or other | 4 |
| person shall be required to enter into an environmental | 5 |
| covenant as part of an environmental response project; | 6 |
| provided, however, that (i) failure to enter into an | 7 |
| environmental covenant may result in disapproval of the | 8 |
| environmental response project; and (ii) once the owner, | 9 |
| agency, or other person assumes obligations in an environmental | 10 |
| covenant they must comply with those obligations of the | 11 |
| environmental covenant in accordance with this Act."; and
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| on page 3, line 3, by changing "(a)" to "(b)"; and | 13 |
| on page 3, line 8, by changing "(b)" to "(c)"; and | 14 |
| on page 3, line 11, by changing "(c)" to "(d)"; and | 15 |
| on page 3, line 19, by changing "(d)" to "(e)"; and | 16 |
| on page 4, immediately below line 15, by inserting the | 17 |
| following: | 18 |
| "(f) Subject to Section 9(a)(5) of this Act, environmental | 19 |
| covenants established under this Act shall be subject to | 20 |
| eminent domain or condemnation proceedings by any agency of the |
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LRB095 16127 RCE 48601 a |
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| State having a general grant of authority to acquire property | 2 |
| by the exercise of the right of eminent domain under the laws | 3 |
| of this State.".
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