(A) Prior to any acquisition by the county of any real property for said regional flood recovery projects, the existing landowner shall be required to accurately complete a real estate disclosure form as required by I.C. 3-25-3 (State Responsible Property Transfer Law), disclosing any environmental defects with regard to the property, along with a seller’s residential real estate sales disclosure form, as required by I.C. 24-4.6-2 regarding the known physical condition of the property.
(B) For any real property proposed to be acquired, which has any known or suspected environmental defect based on the existing use and condition, or the historical use or condition, of the property, or as a result of any disclosures made in said disclosure documents, the county shall not be obligated to acquire said property. For any such property subject to an environmental defect, the county may, nevertheless, acquire said property after the landowner has obtained a Phase I Environmental Assessment and cleaned up any environmental defects reported in the said Phase I Environmental Assessment at the landowner’s expense.
(Res. 1998-03, passed 4-21-1998)