2016 South Dakota Codified Laws
Title 34A - ENVIRONMENTAL PROTECTION
Chapter 12 - Regulated Substance Discharges
§ 34A-12-13 Corrective action costs as lien--Filing of notice of lien--Contents--Attachment--Priority.
34A-12-13. Corrective action costs as lien--Filing of notice of lien--Contents--Attachment--Priority. All corrective action costs expended pursuant to §§ 23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15, inclusive, 38-20A-9, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68 shall constitute a lien on all property owned by the responsible person when a notice of lien is filed with the register of deeds in the county in which such property is located. The notice of lien shall contain a description of the property of the responsible person upon which the lien is made, a description of the property upon which corrective action or emergency remedial efforts were made, and a statement of the corrective action costs expended from the response fund. Upon entry, the lien shall attach to all real property of the responsible person. The lien has priority over all other claims or liens on the property, except those which had been perfected prior to the department's filing of the notice of lien.
Source: SL 1988, ch 291, § 14; SL 1992, ch 158, § 55A.
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