(a) Whenever a hazardous substance site is placed on the list of hazardous substance sites pursuant to § 68-212-206(e), or whenever the commissioner otherwise begins to expend money for investigation, identification, containment or cleanup of a particular site under this part, the commissioner may file a notice with the office of the register of deeds of the county in which the property lies.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 68-212-209

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Hazardous substance: is a s defined in §. See Tennessee Code 68-212-202
  • Hazardous substance site: means any site or area where hazardous substance disposal has occurred. See Tennessee Code 68-212-202
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
(b)

(1) Whenever the commissioner expends money to investigate, identify, contain, monitor, maintain or clean up a hazardous substance site pursuant to this part, the commissioner may file a statement of the funds expended in the office of the register of deeds for the county(ies) in which the property lies, which statement shall perfect the lien on the property arising from the notice filed under subsection (a).
(2) The lien shall not exceed the lesser of:

(A) The actual amount expended at the site from the hazardous waste remedial action fund; or
(B) The apportioned share of all costs expended (as determined pursuant to § 68-212-207) of the owner of the property, after giving full credit for all expenditures by property owner(s).
(3) The lien shall be satisfied and discharged upon payment of the amount of such apportioned share.
(c) If the property owner is aggrieved by the amount of the lien filed under subsection (a), the property owner may cause another appraisal to be performed by an independent appraiser and may submit the matter to the chancery court of the county in which the property is located to determine the appropriate amount of the lien. A decision of that court may be appealed according to the Tennessee Rules of Appellate Procedure.
(d) The lien provided in this section shall be entered in the records of the register of deeds of the county in which the property lies. Such statements shall constitute a lien upon such property as of the date notice is filed pursuant to subsection (a) and shall have priority from the date of such filing of such notice, but shall not affect, or have priority over, any valid lien, right, or interest in the property duly recorded, or duly perfected by filing, prior to the filing of such notice and shall not have priority over any real estate tax liens, whether attaching on the property before or after the filing of the notice. Such a lien shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership, and if the lien is not fully satisfied at the time of transfer, it shall remain a lien on the property until it is fully satisfied.
(e) A form of notice substantially as follows is sufficient to comply with subsection (a):

NOTICE OF LIEN UNDER HAZARDOUS WASTE MANAGEMENT ACT OF 1983

Name of titleholder(s) ______________

Property address ______________

Description of property subject to possible lien sufficient to identify such property ______________

Date, signature, and address of the commissioner or the commissioner’s authorized designee ______________

The register of deeds shall note the date and time of filing, and an appropriate registration number, and shall record the notice in the lien book in the office of the register.

(f) The effective date of all prior liens claimed under this chapter shall be unaffected by the 1986 amendment to this section if a notice is filed in accordance with subsection (a) on or before December 31, 1986, which notice shall set forth, in addition to the information required by subsection (e), the claimed effective date of the lien if earlier than the date of the filing of the notice. After December 31, 1986, all claimed liens shall be effective as of the date the notice is filed pursuant to subsection (a).
  Previous section
Next section  
 Part 2 Contents