34A-15-1. Legislative findings. The Legislature hereby finds, and declare to be the public policy of this state, that: (1)Environmental laws of the United States and this state provide that the owner of the real property is liable for the cleanup of property contamination and define who is the owner of such property; (2)If a borrower […]
34A-15-2. Definition of terms. Terms used in this chapter mean: (1)”Contaminate or pollute,” “contaminating or polluting,” or “contamination or pollution,” contamination or pollution of air, water, real or personal property, livestock, wild animals, birds, fish, other aquatic life, or human beings from a location within the State of South Dakota, including contamination or pollution from […]
34A-15-3. Determination of owner or operator. No person, partnership, limited liability company, corporation, association, organization, or other legal entity may be deemed to be an owner or operator of real or personal property who, without participating in the management of the subject real or personal property, holds indicia of ownership primarily to protect a security […]
34A-15-4. Limitation on third-party liability for damage to property–Vesting of title. No lender-owner or representative may by virtue of becoming the owner of real or personal property be liable for any third-party liability arising from contamination or pollution emanating from the property before the date the title vests in the lender-owner or representative. For the […]
34A-15-5. Conditions of limitations–Efforts to resell property. No lender-owner or representative may, by virtue of becoming the owner of real or personal property, be liable for any third-party liability arising from contamination or pollution emanating from the property during the period of ownership so long as, and to the extent that: (1)The lender-owner or representative […]
34A-15-6. Exclusion for liability expressly created under federal or state laws. Sections 34A-15-3 to 34A-15-5, inclusive, do not affect any liability expressly created under federal or state health or environmental statutes, regulations, rules, permits, or orders. Source: SL 1992, ch 261, §6.
34A-15-6.1. State brownfields revitalization and economic development program–Liability for costs of a response action or remediation–Limitation. Notwithstanding the provisions of §34A-15-6, a lender-owner is not liable for environmental, response, cleanup, or remediation costs at a brownfields site approved by the Department of Agriculture and Natural Resources for participation in the state brownfields revitalization and economic […]
34A-15-7. Effective date. This chapter applies to civil actions filed on or after July 1, 1992. Source: SL 1992, ch 261, §7.
