Section 25395.83 Of Article 3. Liability From California Health And Safety Code >> Division 20. >> Chapter 6.82. >> Article 3.
25395.83
. (a) If there are unrecovered costs incurred by an agency
at a site for which an owner of the site is not liable as an innocent
landowner, bona fide purchaser, or contiguous property owner, an
agency shall have a lien on the site, or may, by agreement with the
owner, obtain from the owner a lien on other property or other
assurance of payment for the unrecovered response costs, subject to
all of the following requirements:
(1) A response action for which there are unrecovered costs of the
agency is carried out at the site.
(2) The response action increased the fair market value of the
site above the fair market value of the site that existed before the
response action was initiated.
(b) The lien may include costs that are first incurred by the
agency with respect to a response action at the site.
(c) The lien amount shall not exceed the increase in fair market
value of the property attributable to the response action at the time
of a sale or other disposition of the property, and shall not exceed
the unrecovered response costs actually incurred by the agency.
(d) The lien shall continue until the earlier of satisfaction of
the lien by sale or other means, or recovery of all response costs
incurred by the agency at the site. Once the amount of the lien is
satisfied in full, the agency shall record satisfaction on lien on
the real property.
(e) The notice of the lien shall be recorded in the official
records of the county recorder's office for the county in which the
real property is located.
(f) A lien imposed under this section shall have the force and
effect of, and the priority of, a judgment lien upon its recordation
in the county in which the property subject to the lien is located.