Title 57 Chapter 27 Section 201

Real Estate
Disclosure of Methamphetamine Contaminated Property Act
Section 201
Disclosure of contaminated property required.

            

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