Or. Rev. Stat. § 466.835

Compliance and correction costs as lien; enforcement

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      466.835 Compliance and correction costs as lien; enforcement. (1) All compliance and corrective action costs, penalties and damages for which a person is liable to the state under ORS 466.706 to 466.882 and 466.994 shall constitute a lien upon any real and personal property owned by the person.

      (2) The Department of Environmental Quality shall file a claim of lien on real property to be charged with a lien under subsection (1) of this section with the recording officer of each county in which the real property is located and shall file a claim of lien on personal property to be charged with a lien under subsection (1) of this section with the Secretary of State. The lien shall attach and become enforceable on the date of the filing. The lien claim shall contain:

      (a) A statement of the demand;

      (b) The name of the person against whose property the lien attaches;

      (c) A description of the property charged with the lien sufficient for identification; and

      (d) A statement of the failure of the person to conduct compliance and corrective actions as required.

      (3) A lien created by this section may be foreclosed by a suit on real and personal property in the circuit court in the manner provided by law for the foreclosure of liens.

      (4) Nothing in this section shall affect the right of the state to bring an action against any person to recover all costs and damages for which a person is liable under the provisions of ORS 466.706 to 466.882 and 466.994. [1987 c.539 §37]

Notes of Decisions
Cited in 2 cases, 1992–1997 · leading case: Automobile Club v. State of Oregon
Automobile Club v. State of Oregon (1992) or “791 (establishing Underground Storage Tank Compliance and Corrective Fund) and notes following ORS 466.835 (detailing financial assistance programs for owners and operators of underground storage tanks).”
Martin v. State Farm Fire & Casualty Co. (1997) orctapp “705 through ORS 466.835 and related administrative rules.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.