S.B. 230

1

LIABILITY FOR CONTAMINATED PROPERTY
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Fred J. Fife
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill addresses civil liability for renting or selling property known to be
10 contaminated without disclosing that fact.
11 Highlighted Provisions:
12 This bill:
13 . provides a civil cause of action, including treble damages, costs, and attorney fees,
14 against certain persons for the sale, lease, or rental of a contaminated property
15 without disclosure of the contamination.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 19-6-907, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 19-6-907 is enacted to read:
26 19-6-907. Disclosure of property contamination.
27 (1) A property owner, lessor, or agent of an owner or lessor shall disclose to a buyer,

28 lessee, renter, or an agent of a buyer, lessee, or renter if the property owner, lessor, or agent of
29 an owner or lessor knows the property that is the subject of the transaction:
30 (a) is listed on the contamination list maintained by the local health department that has
31 jurisdiction over the property;
32 (b) is contaminated and has not been decontaminated;
33 (c) has been contaminated and the status of the decontamination of the property is not
34 known; or
35 (d) has been exposed to hazardous materials as a result of the manufacture, use, or
36 possession of an illegal controlled substance and has not been tested or decontaminated.
37 (2) Failure to provide notice under Subsection (1) is grounds for a civil cause of action.
38 If the plaintiff prevails, the defendant is liable to the plaintiff for:
39 (a) three times the amount of damages incurred by the plaintiff due to the violation of
40 Subsection (1);
41 (b) court costs; and
42 (c) reasonable attorney fees.




Legislative Review Note
as of 1-31-07 1:44 PM

Office of Legislative Research and General Counsel