California Health and Safety Code

§ 25395.83

HSC § 25395.83 Effective Jan 1, 2005Div. 20 · Ch. 6.82 · Art. 3

Statute text

(a)If there are unrecovered costs incurred by an agency at a site for which an owner of the site is not liable as an innocent landowner, bona fide purchaser, or contiguous property owner, an agency shall have a lien on the site, or may, by agreement with the owner, obtain from the owner a lien on other property or other assurance of payment for the unrecovered response costs, subject to all of the following requirements:

(1)A response action for which there are unrecovered costs of the agency is carried out at the site.

(2)The response action increased the fair market value of the site above the fair market value of the site that existed before the response action was initiated.

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Legislative history

Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.