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Nebraska Revised Statutes Chapter 81. State Administrative Departments § 81-15,309. Cleanup costs; environmental lien

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) All cleanup costs for which a person is liable to the state under section 81-15,307 shall constitute a lien in favor of the state upon any real property that is owned by such person and subject to or affected by the cleanup.

(2) An environmental lien attaches when:

(a) Cleanup costs are first incurred by the state;

(b) Such person is provided written notice by certified or registered mail of potential liability; and

(c) A lien notice is filed in compliance with this section.

(3) An environmental lien notice shall state:

(a) The name of the record owner of the real property to which the environmental lien is attached;

(b) The legal description of the real property to which the environmental lien is attached;

(c) If the real property against which the lien is attached is not the property where the cleanup occurred, the legal description of the property where the cleanup occurred;

(d) An itemized statement detailing the cleanup costs incurred by the state; and

(e) A statement that an environmental lien has attached to the described real property.

(4) The environmental lien notice shall be filed with the register of deeds in each county in Nebraska where the responsible person owns or holds an interest in real property.

(5) An environmental lien is subject to the rights of any other person whose interest is perfected before an environmental lien notice has been filed.

(6) A person shall be relieved from an environmental lien when liability for cleanup costs is satisfied.

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Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 81. State Administrative Departments § 81-15,309. Cleanup costs; environmental lien - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-81-state-administrative-departments/ne-rev-st-sect-81-15-309/

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