News & Publications

Polly Jessen Authors CREJ Article on Colorado Environmental Covenants

Colorado Real Estate Journal

Polly Jessen’s article, “A Crash Course on Environmental Covenants on Real Property,” was published in the April 2021 issue of the Colorado Real Estate Journal. The article discusses how Colorado’s environmental covenant statute is an important tool in the remediation of contaminated properties. The article helps buyers understand what covenants can indicate about the condition of a potential property, how they affect reuse and redevelopment, and how they can be modified and removed. The article aims to ease the hesitations of many buyers to acquire property with an environmental covenant by answering the following:

  • How do you recognize a statutory environmental covenant on title?
  • Why are they recorded on title?
  • What kinds of sites typically have these covenants?
  • How do environmental covenants work?
  • Can they be removed or modified?

Polly co-authored the article with Dan Miller, Senior Associate Attorney General with the Natural Resources and Environment Section at the Colorado Department of Law.

Click here to read the full article.