Relating to the submission of a groundwater hazard statement

This bill relates to the submission of a groundwater hazard statement with a declaration of value upon the conveyance of real property. Under current law, a groundwater hazard statement stating whether certain groundwater hazards exist shall accompany each declaration of value submitted to a county recorder when any real property in this state is granted, assigned, transferred, or otherwise conveyed. Current law also requires a county recorder to transmit a groundwater hazard statement to the department of natural resources (DNR) as directed by the DNR director. Under the bill, a person shall not include a groundwater hazard statement with a deed, instrument, or writing if no specified conditions exist on the property. Rather, the first page of the deed, instrument, or writing shall include a statement indicating that no groundwater hazard exists on the property and, therefore, the parcel is exempt from including a groundwater hazard statement. The owner of the property is responsible for the accuracy of such statement. An owner’s agent, a preparer of a groundwater hazard statement, and a preparer of a statement that no known groundwater hazard exists shall not be liable for the accuracy of information provided by the owner of the property unless the person has direct knowledge contrary to the submitted statement. The bill requires a county recorder to refuse to record any deed, instrument, or writing by which any real property in this state is conveyed if the deed, instrument, or writing and a required declaration of value is not accompanied by a groundwater hazard statement, if required, or if the exemption statement is not present on the first page of the deed, instrument, or writing, if required. However, a recording in violation of the bill shall not be the basis for invalidating a deed, instrument, or writing. Additionally, the bill authorizes a county recorder to transmit a groundwater hazard statement to DNR electronically or presented through a browser interface provided by the county land record information system as determined by DNR and the county recorders.