La. Admin. Code tit. 33 § VI-305

Current through Register Vol. 50, No. 11, November 20, 2024

Section VI-305 - Property Liens

A. Liens against Property Declared Abandoned by the Department

1. In accordance with R.S. 30:2225(F)(1) the administrative authority, by recording the declaration of abandonment in the mortgage records of the parish where the property is located, may create a lien against the property declared to be abandoned for the lesser of:

a. the extent of the expenditures by the state necessary to remedy the problem; or

b. the extent of the property's appraised value after said expenditures.

2. The administrative authority may state in the declaration that the lien is limited to certain portions of the property declared to be abandoned.

3. The department may file a lien on property that has been declared abandoned prior to incurring any remedial action costs. The filing of a sworn statement of the amount expended perfects the lien retroactively to the date that the declaration of abandonment was recorded.

4. Liens on property that has been declared abandoned in accordance with this Chapter may be removed by the owner of the property as follows:

a. the person requesting removal of a recorded lien on a site that has been declared abandoned may file a sworn statement with the department setting forth his or her ownership or other financial interest in the property;

b. the owner may apply to the administrative authority or file an action in the district court seeking to require the clerk to erase the lien from the records. If the administrative authority or the court finds that the property owner has demonstrated, by a preponderance of the evidence, that the discharge was in no way caused by any action or negligence on the part of the owner, the administrative authority or the court shall authorize the clerk to release the lien; or

c. the owner may apply to the administrative authority or file an action in the district court seeking to reduce the value of the lien to have the debt so recorded be reduced to the appraised value of the property. If the administrative authority or the court finds that such a reduction is appropriate, the administrative authority or the court shall authorize the clerk to reduce the value of the lien.

B. Liens against Property Where the Department Has Taken Remedial Action under Chapter 12 of the Act

1. In accordance with R.S. 30:2281, to assist in his recovery of remedial costs, the administrative authority may impose a lien on any immovable property within the state of Louisiana belonging to any PRP where the department has incurred remedial costs related to said property. The administrative authority may file this lien at any time after the department incurs remedial costs for which the owner of the immovable property is potentially liable. These costs may include all remedial costs.

2. Properly recorded liens filed by the department shall have priority in rank over all other privileges, liens, encumbrances, or other security interests affecting the property. 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 these regulations shall remain as prior recorded security interests only to the extent of the fair market value of the property prior to all remedial actions by the state.

La. Admin. Code tit. 33, § VI-305

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2185 (November 1999).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2221 et seq., and 2271 et seq.