Louisiana Property Transfer: What you need to know

Governing Law and Regulations

Post-closure notification rules for hazardous waste facilities: Louisiana Administrative Code (LAC) 33:V.3525

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State environmental lien: Louisiana Revised Statutes (LRS) 30:2225

Document recording of notice of solid or hazardous waste site: LRS 30:2039

Property liens: LAC 33:VI.305

Regulatory Agency

Louisiana Department of Environmental Quality (DEQ) Office of Environmental Compliance

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Louisiana does not have a property transfer law that requires DEQ to certify the condition of property before a real estate transfer may take place. Even though Louisiana does not have a property transfer law, the state requires that landowners record notice in deed, mortgage, and conveyance records if the landowner has actual or constructive knowledge of hazardous or solid waste contamination. Also, the state requires hazardous waste treatment, storage, and disposal facility (TSDF) owners and operators to disclose certain information about the facility when it is closed. See the state section CLOSURE AND POST-CLOSURE PLANS for more information.

Louisiana law also provides that a lien attaches to abandoned real estate equal to the cost of any hazardous waste cleanup or the property's appraised value, whichever is less.

This information is available for public review and is intended to help answer questions from future property buyers about the history of a particular piece of property. A careful title examination may reveal recordings required by other state laws and regulations concerning the environmental condition of a property.

Administration and enforcement.

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State Requirements

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Louisiana Property Transfer Resources

Forms Well Disclosure Certificate

Property Transfer Products

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