By Benjamin W.
Hopkins, Esq.
Petosa Law LLP
USFN Member (IA)
In Iowa, effective July 1, 2022, a Groundwater Hazard
Statement need not be submitted in connection with conveyances requiring a
Declaration of Value if there are no known groundwater hazards. Instead, the first page of the underlying deed,
or other conveyance document, must contain the following statement:
There is no known private burial site,
well, solid waste disposal site, underground storage tank, hazardous waste, or
private sewage disposal system on the property as described in Iowa Code Section
558.69, and therefore the transaction is exempt from the requirement to submit
a groundwater hazard statement.
If known groundwater hazards do exist, a Groundwater Hazard
Statement must be submitted.
The County Recorder is required to reject the underlying
conveyance document if the required language is not included, or if the
required Groundwater Hazard Statement is not submitted, as applicable.
The legislation effecting this change, House File 2343, was
signed into law by Iowa’s Governor on April 21, 2022, and amends Iowa Code
Section 558.69.
@Copyright 2022
June 2022 e-Update
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