Indiana Code 13-25-4-21. Effect of request for hearing
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Sec. 21. If an owner requests a hearing under section 20 of this chapter, the state may not impose a lien on the owner’s real property under section 11 of this chapter until the commissioner determines after the hearing that there is probable cause to believe that:
(2) if the removal or the remedial action was conducted under this chapter, the owner of the real property would be subject to liability under 42 U.S.C. § 9607 (Section 107 of the federal Comprehensive Environmental Response, Compensation, and Liability Act).
(1) a removal or a remedial action was conducted on the real property under this chapter or IC 13-24-1; and
Terms Used In Indiana Code 13-25-4-21
- Lien: A claim against real or personal property in satisfaction of a debt.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
[Pre-1996 Recodification Citation: 13-7-8.7-10.9(d).]
As added by P.L.1-1996, SEC.15.