Text: SF00252                           Text: SF00254
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

Senate File 253

Partial Bill History

Bill Text

  1  1    Section 1.  Section 558.69, Code 1999, is amended to read
  1  2 as follows:
  1  5    With each declaration of value submitted to the county
  1  6 recorder under chapter 428A, there shall also be submitted
  1  7 Prior to a real estate conveyance, a seller shall provide the
  1  8 buyer with a statement that no known wells are situated on the
  1  9 property, or if known wells are situated on the property, the
  1 10 statement must state the approximate location of each known
  1 11 well and its status with respect to section 159.29 or
  1 12 455B.190.  When a well exists on the property, the seller
  1 13 shall provide a copy of the statement required under this
  1 14 section to the county sanitarian.  The statement shall also
  1 15 state that no known disposal site for solid waste, as defined
  1 16 in section 455B.301, which has been deemed to be potentially
  1 17 hazardous by the department of natural resources, exists on
  1 18 the property, or if such a known disposal site does exist, the
  1 19 location of the site on the property.  The statement shall
  1 20 additionally state that no known underground storage tank, as
  1 21 defined in section 455B.471, subsection 11, exists on the
  1 22 property, or if a known underground storage tank does exist,
  1 23 the type and size of the tank, and any known substance in the
  1 24 tank.  The statement shall also state that no known hazardous
  1 25 waste as defined in section 455B.411, subsection 3, or listed
  1 26 by the department pursuant to section 455B.412, subsection 2,
  1 27 or section 455B.464, exists on the property, or if known
  1 28 hazardous waste does exist, that whether the waste is being
  1 29 managed in accordance with rules adopted by the department of
  1 30 natural resources.  The statement shall be signed by at least
  1 31 one of the sellers or their agents.  The county recorder shall
  1 32 refuse to record any deed, instrument, or writing for which a
  1 33 declaration of value is required under chapter 428A unless the
  1 34 statement required by this section has been submitted to the
  1 35 county recorder.  A buyer of property shall be provided with a
  2  1 copy of the statement submitted, and, following the
  2  2 fulfillment of this provision, if the statement submitted
  2  3 reveals no well, disposal site, underground storage tank, or
  2  4 hazardous waste on the property, the county recorder may
  2  5 destroy the statement.  The land application of sludges or
  2  6 soils resulting from the remediation of underground storage
  2  7 tank releases accomplished in compliance with department of
  2  8 natural resources rules without a permit is not required to be
  2  9 reported as the disposal of solid waste or hazardous waste.
  2 10    If a declaration of value is not required, the above
  2 11 information shall be submitted on a separate form.  The
  2 12 director of the department of natural resources shall
  2 13 prescribe the form of the statement and the separate form to
  2 14 be supplied by each county recorder in the state.  The county
  2 15 recorder shall transmit the statements to the department of
  2 16 natural resources at times directed by the director of the
  2 17 department.
  2 18    The owner seller of the property is responsible for the
  2 19 accuracy of the information submitted on the form.  The
  2 20 owner's seller's agent shall not be liable for the accuracy of
  2 21 information provided by the owner seller of the property.  The
  2 22 provisions of this paragraph do not limit liability which may
  2 23 be imposed under a contract or under any other law.
  2 24    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  2 25 immediate importance, takes effect upon enactment.  
  2 26 SF 253
  2 27 tm/cf/24

Text: SF00252                           Text: SF00254
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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