Nebraska Statutes 81-15,309. Cleanup costs; environmental lien
(1) All cleanup costs for which a person is liable to the state under section 81-15,307 shall constitute a lien in favor of the state upon any real property that is owned by such person and subject to or affected by the cleanup.
Terms Used In Nebraska Statutes 81-15,309
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) An environmental lien attaches when:
(a) Cleanup costs are first incurred by the state;
(b) Such person is provided written notice by certified or registered mail of potential liability; and
(c) A lien notice is filed in compliance with this section.
(3) An environmental lien notice shall state:
(a) The name of the record owner of the real property to which the environmental lien is attached;
(b) The legal description of the real property to which the environmental lien is attached;
(c) If the real property against which the lien is attached is not the property where the cleanup occurred, the legal description of the property where the cleanup occurred;
(d) An itemized statement detailing the cleanup costs incurred by the state; and
(e) A statement that an environmental lien has attached to the described real property.
(4) The environmental lien notice shall be filed with the register of deeds in each county in Nebraska where the responsible person owns or holds an interest in real property.
(5) An environmental lien is subject to the rights of any other person whose interest is perfected before an environmental lien notice has been filed.
(6) A person shall be relieved from an environmental lien when liability for cleanup costs is satisfied.