Terms Used In Louisiana Revised Statutes 30:2281

  • Department: means the Department of Environmental Quality. See Louisiana Revised Statutes 30:2004
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Remedial cost: means after the discharge or disposal of a hazardous substance the cost of:

    (i)  Removing, confining, or storing any hazardous substance; constructing barriers, securing the site, encapsulating in clay or other impermeable material;

    (ii)  Cleaning up a contamination, recycling, or reuse of a hazardous substance;

    (iii)  Diversion, destruction, or segregation of reactive or other wastes;

    (iv)  Dredging or excavating a site;

    (v)  Repairing or replacing leaking containers;

    (vi)  Collection of leachate and runoff;

    (vii)  Onsite treatment or incineration of a substance;

    (viii)  Provision of alternative water supplies;

    (ix)  Monitoring, testing, or analyzing;

    (x)  Employing legal, engineering, chemical, biological, architectural, or other professional consultants or personnel;

    (xi)  Investigation, initiation, or prosecution of lawsuits to final judgment;

    (xii)  Transporting and disposing of waste from the site; or

    (xiii)  Any other action the secretary deems necessary to restore the site or remove the hazardous substance. See Louisiana Revised Statutes 30:2272

Consistent with the findings of La. Rev. Stat. 30:2271, the legislature hereby finds that it is in the best interest of this state and a part of the exercise of its police powers that this state have a lien or privilege against immovable property for the recovery of remedial cost incurred in discharging its responsibility pursuant to this Chapter.  Following the expenditure of funds by the state of Louisiana through the department, such lien or privilege may be perfected against such property by filing a notice of lien containing the name of the current record owner and the legal description of the immovable property in the mortgage records of the parish in which the immovable property is located.  Except as provided below, the lien of the state of Louisiana through the Department of Environmental Quality shall have priority in rank over all other privileges, liens, encumbrances, or other security interests affecting the property.  As to all 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 this Section, such prior recorded security interests shall have priority over the state lien but only to the extent of the fair market value that the property had prior to remedial action by the state, and prior recorded security interests shall be subordinate to the state lien for any amount in excess of such pre-remediation fair market value.

Acts 1990, No. 681, §1, eff. July 20, 1990; Acts 1991, No. 773, §1; Acts 2001, No. 1047, §1.

{{NOTE:  SEE ACTS 1990, NO. 681, §2.}}

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