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Agenda - Council - 01/24/2017
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Agenda - Council - 01/24/2017
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3/17/2025 3:03:00 PM
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3/7/2017 12:09:23 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
01/24/2017
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(5)took action which significantly contributed to the release after that person knew or <br /> reasonably should have known that a hazardous substance was located in or on the facility. <br /> For the purpose of clause (4), a written warranty, representation, or undertaking,which is set forth in an <br /> instrument conveying any right,title or interest in the real property and which is executed by the person <br /> conveying the right,title or interest, or which is set forth in any memorandum of any such instrument <br /> executed for the purpose of recording, is admissible as evidence of whether the person acquiring any <br /> right, title,or interest in the real property knew or reasonably should have known that a hazardous <br /> substance was located in or on the facility. <br /> Any liability which accrues to an owner of real property under sections 11513.01 to 1156.15 does not <br /> accrue to any other person who is not an owner of the real property merely because the other person <br /> holds some right,title, or interest in the real property.An owner of real property on which a public <br /> utility easement is located is not a responsible person with respect to any release caused by any act or <br /> omission of the public utility which holds the easement in carrying out the specific use for which the <br /> easement was granted. <br /> Subd.4. Tax-forfeited land. [language omitted] <br /> Subd. S. Eminent domain. [language omitted] <br /> Subd. 6. Mortgages. (a)A mortgagee is not a responsible person under this section solely <br /> because the mortgagee becomes an owner of real property through foreclosure of the mortgage or by <br /> receipt of the deed to the mortgaged property in lieu of foreclosure. <br /> (b) A mortgagee of real property where a facility is located or a holder of a security interest in <br /> facility assets or inventory is not an operator of the facility for the purpose of this section solely because <br /> the mortgagee or holder has a capacity to influence the operation of the facility to protect its security <br /> interest in the real property or assets. <br /> Subd. 7. Contract for deed vendors.A contract for deed vendor who is otherwise not a <br /> responsible party for a release or a threatened release of a hazardous substance from a facility is not a <br /> responsible person under this section solely as a result of a termination of the contract for deed under <br /> section 559.21. <br /> Page 2 of 2 <br />
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