8-7-516. Liens for expenditures and value of improvements.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-7-516. Liens for expenditures and value of improvements.

8-7-516. Liens for expenditures and value of improvements. (a) If the owner of real property that is the location of a hazardous substance site upon which remedial action or removal action is performed under this subchapter is responsible, in whole or in part, for causing the release of the hazardous substance, there shall exist a lien against the real property for the moneys expended. If the expenditure results in an increase in the value of the real property, the lien shall also be for the increase in value. (b) The lien shall be effective upon the filing by the Director of the Division of Environmental Quality of a notice of lien with the circuit clerk in the county in which the real property is located. (c) The lien obtained by this section shall not exceed the amount of expenditures, as itemized on an affidavit of expenditures attached to and filed with the notice of lien, and the increase in real property value as a result of the removal action, remedial action, or abatement action taken, as determined by an independent appraisal, a copy of which shall be attached to and filed with the notice of lien. (d) The notice of lien shall be filed within thirty (30) days of the date of the last act performed on the real property by the Division of Environmental Quality or its agent under this subchapter. (e) Upon filing of the notice of lien, a copy with attachments shall be served upon the real property owner in the manner provided for enforcement of mechanics' or materialmen's liens. (f) Any and all moneys recovered or reimbursed pursuant to this section through voluntary agreements or court orders shall be deposited into and credited to the account of the Hazardous Substance Remedial Action Trust Fund.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-7-516

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.