Text: S03367 Text: S03369 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 472, as amended, passed and
1 2 reprinted by the House, as follows:
1 3 #1. Page 1, by striking lines 1 through 6, and
1 4 inserting the following:
1 5 "Section 1. Section 558.69, Code 1999, is amended
1 6 to read as follows:
1 7 558.69 REPORTING OF PRIVATE BURIAL SITES, WELLS,
1 8 DISPOSAL SITES, UNDERGROUND STORAGE TANKS, AND
1 9 HAZARDOUS WASTE – LIABILITY.
1 10 With each declaration of value submitted to the
1 11 county recorder under chapter 428A, there shall also
1 12 be submitted a statement regarding whether any known
1 13 private burial site is situated on the property, and
1 14 if a known private burial site is situated on the
1 15 property, the statement shall state the approximate
1 16 location of the site. The statement shall also state
1 17 that no known wells are situated on the property, or
1 18 if known wells are situated on the property, the
1 19 statement must state the approximate location of each
1 20 known well and its status with respect to section
1 21 159.29 or 455B.190. The statement shall also state
1 22 that no known disposal site for solid waste, as
1 23 defined in section 455B.301, which has been deemed to
1 24 be potentially hazardous by the department of natural
1 25 resources, exists on the property, or if such a known
1 26 disposal site does exist, the location of the site on
1 27 the property. The statement shall additionally state
1 28 that no known underground storage tank, as defined in
1 29 section 455B.471, subsection 11, exists on the
1 30 property, or if a known underground storage tank does
1 31 exist, the type and size of the tank, and any known
1 32 substance in the tank. The statement shall also state
1 33 that no known hazardous waste as defined in section
1 34 455B.411, subsection 3, or listed by the department
1 35 pursuant to section 455B.412, subsection 2, or section
1 36 455B.464, exists on the property, or if known
1 37 hazardous waste does exist, that the waste is being
1 38 managed in accordance with rules adopted by the
1 39 department of natural resources. The statement shall
1 40 be signed by at least one of the sellers or their
1 41 agents. The county recorder shall refuse to record
1 42 any deed, instrument, or writing for which a
1 43 declaration of value is required under chapter 428A
1 44 unless the statement required by this section has been
1 45 submitted to the county recorder. A buyer of property
1 46 shall be provided with a copy of the statement
1 47 submitted, and, following the fulfillment of this
1 48 provision, if the statement submitted reveals no
1 49 private burial site, well, disposal site, underground
1 50 storage tank, or hazardous waste on the property, the
2 1 county recorder may destroy the statement. The land
2 2 application of sludges or soils resulting from the
2 3 remediation of underground storage tank releases
2 4 accomplished in compliance with department of natural
2 5 resources rules without a permit is not required to be
2 6 reported as the disposal of solid waste or hazardous
2 7 waste.
2 8 If a declaration of value is not required, the
2 9 above information shall be submitted on a separate
2 10 form. The director of the department of natural
2 11 resources shall prescribe the form of the statement
2 12 and the separate form to be supplied by each county
2 13 recorder in the state. The county recorder shall
2 14 transmit the statements to the department of natural
2 15 resources at times directed by the director of the
2 16 department.
2 17 The owner of the property is responsible for the
2 18 accuracy of the information submitted on the form.
2 19 The owner's agent shall not be liable for the accuracy
2 20 of information provided by the owner of the property.
2 21 The provisions of this paragraph do not limit
2 22 liability which may be imposed under a contract or
2 23 under any other law."
2 24 #2. Page 1, by striking lines 12 and 13, and
2 25 inserting the following: "person's ancestor on
2 26 property owned by another person,".
2 27 #3. Page 1, by striking lines 18 through 20, and
2 28 inserting the following:
2 29 "2. Pursuant to section 558.69, the declaration of
2 30 value submitted to the county recorder under chapter
2 31 428A shall also include the existence of any known
2 32 private burial site situated on the property."
2 33
2 34
2 35
2 36 ANDY McKEAN
2 37 MARK SHEARER
2 38 HF 472.202 78
2 39 pf/gg
Text: S03367 Text: S03369 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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