| (1) |
Subject to Section 57-1-37, if an owner or lessor of real property has actual knowledge that the property is currently contaminated from the use, storage, or manufacture of methamphetamines, the owner or lessor shall, in a real property lease, conveyance, or other transaction related to the contaminated property, disclose that the property is contaminated. |
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Terms Used In Utah Code 57-27-201
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- decontamination: is a s defined in Section 19-6-902. See Utah Code 57-27-102
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Owner: includes a shareholder, partner, operator, or other legal entity. See Utah Code 57-27-102
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- real property: includes :Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
| (2) |
| (a) |
If an owner’s or lessor’s real property is contaminated from the use, storage, or manufacture of methamphetamines, the owner or lessor may report the contaminated property to a government agency responsible for monitoring the decontamination process and documenting that the test results meet decontamination standards. |
| (b) |
Notwithstanding Subsection (2)(a), an owner or lessor whose contaminated property is reported in a police action related to the manufacturing of methamphetamines shall be subject to the provisions of 9. |
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| (3) |
| (a) |
A person may file a civil action to enforce this chapter. |
| (b) |
A court may award a prevailing party damages, court costs, and reasonable attorney fees for an action filed under this chapter. |
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Enacted by Chapter 194, 2009 General Session
