SB 110: "An Act relating to liability involving certain property acquired by a governmental entity; and providing for an effective date."
00SENATE BILL NO. 110 01 "An Act relating to liability involving certain property acquired by a governmental 02 entity; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 46.03.822(c) is amended to read: 05 (c) For purposes of (b)(1)(B) of this section, a third party or an agent of a 06 third party is in privity of contract with the person who is otherwise liable [,] if the 07 third party or its agent and the person are parties to a land contract, deed, or other 08 instrument transferring title or possession of the real property on which the facility in 09 question is located, unless that property was acquired by the person after the disposal 10 or placement of the hazardous substance on, in, or at the facility, and the person 11 establishes that the person has satisfied the requirements of (b)(1)(B) of this section 12 and establishes that 13 (1) at the time the person acquired the facility , the person did not know 14 and had no reason to know that a hazardous substance that is the subject of the release
01 or threatened release was disposed of on, in, or at the facility; 02 (2) the person is a governmental entity that acquired the facility 03 (A) by escheat, bankruptcy, foreclosure, tax delinquency, or 04 abandonment; 05 (B) [OR] through an [ANOTHER] involuntary transfer or 06 acquisition ; [,] or 07 (C) through the exercise of eminent domain authority by 08 purchase or condemnation; 09 (3) the person is a corporation organized under 43 U.S.C. 1601 - 1629e 10 (Alaska Native Claims Settlement Act) that acquired the facility under those sections; 11 (4) the person acquired the facility by inheritance or bequest; or 12 (5) the person is a state governmental entity and the state acquired the 13 facility under Public Law 85-508 (Alaska Statehood Act). 14 * Sec. 2. APPLICABILITY. AS 46.03.822(c)(2), as amended in sec. 1 of this Act, applies 15 to property acquired by a governmental entity on or after the effective date of this Act. For 16 purposes of this section, when foreclosure by a municipality is involved, the property is 17 acquired on the date it is deeded to the municipality under AS 29.45.450. 18 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).