Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part VI - Inactive and Abandoned Hazardous Waste and Hazardous Substances Site Remediation
Chapter 3 - Administrative Processes
Section VI-305 - Property Liens
Universal Citation: LA Admin Code VI-305
Current through Register Vol. 50, No. 9, September 20, 2024
A. Liens against Property Declared Abandoned by the Department
1. In accordance with
R.S.
30:2225(F)(1) the
administrative authority, by recording the declaration of abandonment in the
mortgage records of the parish where the property is located, may create a lien
against the property declared to be abandoned for the lesser of:
a. the extent of the expenditures by the
state necessary to remedy the problem; or
b. the extent of the property's appraised
value after said expenditures.
2. The administrative authority may state in
the declaration that the lien is limited to certain portions of the property
declared to be abandoned.
3. The
department may file a lien on property that has been declared abandoned prior
to incurring any remedial action costs. The filing of a sworn statement of the
amount expended perfects the lien retroactively to the date that the
declaration of abandonment was recorded.
4. Liens on property that has been declared
abandoned in accordance with this Chapter may be removed by the owner of the
property as follows:
a. the person requesting
removal of a recorded lien on a site that has been declared abandoned may file
a sworn statement with the department setting forth his or her ownership or
other financial interest in the property;
b. the owner may apply to the administrative
authority or file an action in the district court seeking to require the clerk
to erase the lien from the records. If the administrative authority or the
court finds that the property owner has demonstrated, by a preponderance of the
evidence, that the discharge was in no way caused by any action or negligence
on the part of the owner, the administrative authority or the court shall
authorize the clerk to release the lien; or
c. the owner may apply to the administrative
authority or file an action in the district court seeking to reduce the value
of the lien to have the debt so recorded be reduced to the appraised value of
the property. If the administrative authority or the court finds that such a
reduction is appropriate, the administrative authority or the court shall
authorize the clerk to reduce the value of the lien.
B. Liens against Property Where the Department Has Taken Remedial Action under Chapter 12 of the Act
1. In accordance with
R.S.
30:2281, to assist in his recovery of
remedial costs, the administrative authority may impose a lien on any immovable
property within the state of Louisiana belonging to any PRP where the
department has incurred remedial costs related to said property. The
administrative authority may file this lien at any time after the department
incurs remedial costs for which the owner of the immovable property is
potentially liable. These costs may include all remedial costs.
2. Properly recorded liens filed by the
department shall have priority in rank over all other privileges, liens,
encumbrances, or other security interests affecting the property. Privileges,
liens, encumbrances, or other security interests affecting the property that
are filed or otherwise perfected before the filing of the notice of lien of the
state authorized by these regulations shall remain as prior recorded security
interests only to the extent of the fair market value of the property prior to
all remedial actions by the state.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2221 et seq., and 2271 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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