71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2126
 
                         House Bill 2685
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Subordinates all liens, mortgages, judgments, security
interests and encumbrances, regardless of date of creation, to
liens on personal or real property created due to costs of
remedial action to abate environmental hazard.
 
                        A BILL FOR AN ACT
Relating to liens for recovery of costs of environmental remedial
  action; creating new provisions; and amending ORS 465.335.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 465.335 is amended to read:
  465.335. (1) All of the state's remedial action costs,
penalties and punitive damages for which a person is liable to
the state under ORS 465.255, 465.260 or 465.900 shall constitute
a lien upon any real and personal property owned by the person.
  (2) At the discretion of the Department of Environmental
Quality, the department may file a claim of lien on real property
or a claim of lien on personal property. The department shall
file a claim of lien on real property to be charged with a lien
under this section with the recording officer of each county in
which the real property is located and shall file a claim of lien
on personal property to be charged with a lien under this section
with the Secretary of State. The lien shall attach and become
enforceable on the day of such filing. The lien claim shall
contain:
  (a) A statement of the demand;
  (b) The name of the person against whose property the lien
attaches;
  (c) A description of the property charged with the lien
sufficient for identification; and
  (d) A statement of the failure of the person to conduct removal
or remedial action and pay penalties and damages as required.
  (3) The lien created by this section may be foreclosed by a
suit on real and personal property in the circuit court in the
manner provided by law for the foreclosure of other liens.
  (4) Nothing in this section shall affect the right of the state
to bring an action against any person to recover all costs and
damages for which the person is liable under ORS 465.255, 465.260
or 465.900.
   { +  (5) The lien created by this section is superior to and
has priority over tax liens or any lien that is subordinate to a
tax lien, and all judgments, mortgages, security interests or
encumbrances on the property without regard to the date of
creation, filing or recording. + }
  SECTION 2.  { + The amendments to ORS 465.335 by section 1 of
this 2001 Act apply to liens created on or after the effective
date of this 2001 Act. + }
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