NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.21323k Access to property.
(1) A person that is liable under section 21323a or a lender that has a security interest in all or a portion of a property on which contamination from a release of regulated substances from an underground storage tank system may file a petition in the circuit court of the county in which the property is located seeking access to the property in order to conduct corrective action. If the court grants access to property under this section, the court may do any of the following:
(a) Provide compensation to the person that owns or operates the property for damages related to the granting of access to the property, including compensation for loss of use of the property.
(b) Enjoin interference with the corrective action.
(c) Grant any other appropriate relief as determined by the court.
(2) If a court grants access to property under this section, the person that owns or operates the property to which access is granted is not liable for either of the following:
(a) A release caused by the corrective action for which access is granted unless the person is otherwise liable under section 21323a.
(b) For conditions associated with the corrective action that may present a threat to public health or safety.
History: Add. 2012, Act 108, Imd. Eff. May 1, 2012
Popular Name: Act 451
Popular Name: NREPA
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