Michigan Laws 324.21323k – Access to property
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 324.21323k
- Corrective action: means the investigation, assessment, cleanup, removal, containment, isolation, treatment, or monitoring of regulated substances released into the environment from an underground storage tank system that is necessary under this part to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources. See Michigan Laws 324.21302
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Property: means real estate that is contaminated by a release from an underground storage tank system. See Michigan Laws 324.21303
- Release: means any spilling, leaking, emitting, discharging, escaping, or leaching from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21303
- Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21303
(1) A person that is liable under section 21323a or a lender that has a security interest in all or a portion of a property on which contamination from a release of regulated substances from an underground storage tank system may file a petition in the circuit court of the county in which the property is located seeking access to the property in order to conduct corrective action. If the court grants access to property under this section, the court may do any of the following:
(a) Provide compensation to the person that owns or operates the property for damages related to the granting of access to the property, including compensation for loss of use of the property.
(b) Enjoin interference with the corrective action.
(c) Grant any other appropriate relief as determined by the court.
(2) If a court grants access to property under this section, the person that owns or operates the property to which access is granted is not liable for either of the following:
(a) A release caused by the corrective action for which access is granted unless the person is otherwise liable under section 21323a.
(b) For conditions associated with the corrective action that may present a threat to public health or safety.