§ 66-1531 — Claim under State Miscellaneous Claims Act authorized; procedure; limitations

A person, other than a responsible person, may file a claim with the State Claims Board under the State Miscellaneous Claims Act for (1) property damage caused by a release and (2) reasonable costs directly incurred due to uninhabitability of a dwelling or unfitness of a water supply caused by a release. For purposes of claims made under this section, property damage means damage to real estate or water well contaminated as a result of a release. Claims approved under this section shall be approved on the basis of merit and eligibility as set forth in section 66-1525 . Claims approved under this section shall be reduced by any third-party claim, as defined in section 66-1515.01 , for the same damage. A claim approved under this section shall not be considered to be from a collateral source in a judicial proceeding for the same damage. Any claim under this section shall be paid from the Petroleum Release Remedial Action Cash Fund within sixty days after the claim is approved pursuant to section 81-8,300 , subject to section 66-1523 . A claim approved under this section shall not exceed two hundred thousand dollars and the total claims paid for property damage shall not exceed eight hundred thousand dollars per occurrence.

Legislative History

Source: Laws 1998, LB 1161, § 25. Cross References: State Miscellaneous Claims Act, see section 81-8,294.