Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 122 - HAZARDOUS SUBSTANCE REMEDIAL ACTION RULES
Section 340-122-0130 - Involuntary Acquisition of Property by the Government
Current through Register Vol. 63, No. 3, March 1, 2024
(1) State or local government ownership or control of property by involuntary acquisition or involuntary transfers within the meaning of ORS 465.255(3)(a)(A) includes, but is not limited to:
(2) Nothing in this rule affects the applicability of OAR 340-122-0120 to any security interest, property, or asset acquired by a state or local governmental entity pursuant to an involuntary acquisition or transfer.
(3) Notwithstanding the exemptions in section (1) of this rule, a governmental entity may be subject to the independent bases of liability set forth in ORS 465.255.
(4) This rule applies only to liability under ORS 465.200 et seq. and does not apply to any right that the state or any person may have under federal statute, common law, or state statute other than ORS 465.200 et seq. to recover remedial action costs or to seek any other relief related to a release.
Stat. Auth.: ORS 465.400, ORS 465.435 & ORS 465.440
Stats. Implemented: ORS 465.200 - ORS 465.455, ORS 465.900, ORS 466.706 - ORS 466.835 & ORS 466.895