Oregon Statutes 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.
Terms Used In Oregon Statutes 466.835
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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]