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Disclosure of
Methamphetamine Contaminated Property Act
Utah Code Title 57, Chapter 27
57-27-101. Title.
This chapter is
known as the "Disclosure of Methamphetamine Contaminated Property
Act."
Enacted by Chapter
194, 2009 General Session
57-27-102. Definitions.
As used in this
chapter:
(1)
"Contaminated" or "contamination" is as defined in Section 19-6-902.
(2)
"Decontaminated" or "decontamination" is as defined in
Section 19-6-902.
(3) (a)
"Owner" means the holder of a legal or equitable title or interest in
real property.
(b) "Owner" includes a shareholder, partner,
operator, or other legal entity.
(4) "Real
estate professional" means a licensee under Title 61, Chapter 2f, Real
Estate Licensing and Practices Act.
Amended by Chapter
379, 2010 General Session
57-27-201. Disclosure of
contaminated property required.
(1) Subject to Section 57-1-37,
if an owner or lessor of real property has actual knowledge that the property
is currently contaminated from the use, storage, or manufacture of
methamphetamines, the owner or lessor shall, in a real property lease,
conveyance, or other transaction related to the contaminated property, disclose
that the property is contaminated.
(2) (a) If an owner's or lessor's real property is
contaminated from the use, storage, or manufacture of methamphetamines, the
owner or lessor may report the contaminated property to a government agency
responsible for monitoring the decontamination process and documenting that the
test results meet decontamination standards.
(b) Notwithstanding Subsection (2)(a), an owner or
lessor whose contaminated property is reported in a police action related to
the manufacturing of methamphetamines shall be subject to the provisions of
Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and
Decontamination Act.
(3) (a) A person may file a civil action to enforce this
chapter.
(b) A court may award a prevailing party damages,
court costs, and reasonable attorney fees for an action filed under this
chapter.
Enacted by Chapter 194, 2009 General Session
57-27-202. Real estate
professional not liable.
A real estate professional is not liable for an owner or
lessor of real property making, or failing to make, a disclosure required by
Section 57-27-201,
unless the real estate professional is also the owner or lessor of the real
property.
Enacted by Chapter 194, 2009 General Session
57-27-203. Decontamination of
real property.
(1) A government subdivision or agency may charge an owner
or lessor a fee, in accordance with the provisions of Section 63J-1-504,
for:
(a) a permit issued by the subdivision or agency to
decontaminate a property;
(b) the subdivision or agency to determine whether or
not the property has been decontaminated; and
(c) any other related service provided by the
subdivision or agency, including investigation or decontamination of the
property.
(2) A government subdivision or agency may not prohibit an
owner or lessor from decontaminating the owner's or lessor's real property.
Enacted by Chapter 194, 2009 General Session