Rhode Island § 23-19.14-14 § 23-19.14-14. Windfall liens.

Rhode Island Statutes

§ 23-19.14-14 — § 23-19.14-14. Windfall liens.

Rhode Island § 23-19.14-14

Title 23Health and Safety

Ch. 23-19.14Industrial Property Remediation and Reuse Act

This text of Rhode Island § 23-19.14-14 (§ 23-19.14-14. Windfall liens.) is published on Counsel Stack Legal Research, covering Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

R.I. Gen. Laws § 23-19.14-14 (2026).

Text

§ 23-19.14-14. Windfall liens.
(a) At any site where there are unrecovered response cost and/or additional remedial actions
            required, the state may place a lien upon the site for the unrecovered costs or outstanding
            actions. The maximum amount of the windfall lien may not exceed the total of the unrecovered
            response costs incurred by the state plus interest calculated at the prime rate based
            on three (3) chartered financial institutions in Rhode Island at the time of the completion
            of construction of a remedial action. The liens:
         
(1) Shall not exceed the increase in fair market value for the site attributa

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§ 23-19.14-14. Windfall liens.

(a) At any site where there are unrecovered response cost and/or additional remedial actions required, the state may place a lien upon the site for the unrecovered costs or outstanding actions. The maximum amount of the windfall lien may not exceed the total of the unrecovered response costs incurred by the state plus interest calculated at the prime rate based on three (3) chartered financial institutions in Rhode Island at the time of the completion of construction of a remedial action. The liens:

(1) Shall not exceed the increase in fair market value for the site attributable to the response action or redevelopment activities, at the time of subsequent sale or other disposition of the site; and

(2) Shall continue until the satisfaction of the lien by recovery of all response costs incurred at the site and completion of construction of all outstanding remedial actions.

(b) The lien shall continue until the liability for the costs (or a judgment against the person arising out of the liability) is satisfied, or becomes unenforceable through operation of the statute of limitations.

(c) The state may, at its discretion, in lieu of the lien provided by this section, negotiate a stipulated judgment or other judicially enforceable consent decree and judgment for costs and damages for which any responsible party is liable to the state under this chapter.