MN HF4253

Environmental response costs incurred by the commissioner at priority qualified facilities create a state lien on real property (excluding homestead property) owned by the facility owner or operator, lasting until the earlier of lien satisfaction or six years after final environmental response action completion.

When an environmental response action increases a facility's fair market value, the state gains a lien for the value increase (valued at construction completion or at property sale/disposition, whichever is earlier) that continues until lien satisfaction or full cost recovery.

Liens attach when environmental response costs are first incurred and are governed by Minnesota's lien statutes (sections 514.671-514.676), but are exempt from the foreclosure limitation in section 514.674, subdivision 2.

Liens attached to property included in any permit for the priority qualified facility take precedence over all other liens regardless of when those other liens were perfected.

All amounts received to satisfy liens must be deposited in the remediation fund, and liens cannot be extinguished, limited, or impaired by application of sections 500.20 or 541.023.