§ 30:79 — Recordation of notice of abandoned oilfield waste sites by landowner

Louisiana § 30:79

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§79. Recordation of notice of abandoned oilfield waste sites by landowner
A. In addition to the notice required under R.S. 30:74, any landowner who has
notified the department that his property contains an abandoned oilfield waste site or who
owns property which has been identified by the secretary as an abandoned oilfield waste site
pursuant to R.S. 30:75 shall cause notice of the identification of the location of the
abandoned oilfield waste site to be recorded in the mortgage and conveyance records of the
parish in which the property is located. Such notice shall be made in a form approved by the
secretary and within the time specified by the secretary. If a landowner fails or refuses to
record such notice, the secretary may, if he determines that the public interest requires, and
after due notice and an opportunity for a hearing has been given to a landowner, cause such
notice to be recorded.
B.(1) If any person wishes to remove such notice, he shall notify the secretary prior
to requesting the removal from the clerk of court in the parish where the property is located.
The request shall specify the facts supporting removal of the notice, including any evidence
that the oilfield waste no longer poses a potential threat to health or the environment. Upon
finding that the oilfield waste no longer poses a potential threat to health or the environment,
the secretary shall approve removal of the notice.
(2) If approval is granted by the secretary, the request may be made by affidavit to
the clerk of court for the removal of the notice and it shall be removed. Within ten days after
removal, the clerk of court shall send a notice of the removal to the secretary. If the secretary
objects to the removal of such notice, or fails to make a final determination upon the request
within ninety days, the person desiring to have the notice removed may petition the court in
the parish where the property is located for removal of the notice and after a contradictory
hearing between the landowner, the clerk of court, and the secretary or his designee, the court
may grant such relief upon adequate proof by the petitioner that the property no longer
contains the oilfield waste which may pose a potential threat to health or to the environment.
C. This Section shall not apply to any commercial operation which is operating under
a permit issued by the secretary until such time as such notice is required by an order of the
secretary, by a permit, or by rule or regulation applicable to such operation.
D. The failure of a landowner to file the required notice may constitute grounds for
an action in redhibition under the applicable provisions of Civil Code Articles 2520 et seq.,
unless the purchaser has actual or constructive knowledge that the property has been used for
such purposes.
E. Any action under this Section must be commenced within one year from the date
the purchaser first knows of the existence of the fact which gives rise to the action, but in any
event within three years of the date upon which the purchaser acquired his ownership interest
in the property. Venue shall be in any parish in which the property or any portion thereof is
located.

Legislative History

Acts 1991, No. 352, §1; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.