Environmental
Which of the following describes the 'innocent landowner defense' under CERCLA?
AAny property owner is automatically exempt from CERCLA liability
BA defense allowing property owners who conducted appropriate due diligence and had no knowledge of contamination to avoid CERCLA liability✓ Correct
CA defense only available to residential property owners
DA defense that requires the owner to pay half the cleanup costs
Explanation
The innocent landowner defense (bona fide prospective purchaser defense) exempts purchasers who performed all appropriate inquiry (Phase I ESA), had no prior knowledge of contamination, and took reasonable steps after discovery from CERCLA liability.
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Key Terms to Know
Joint Tenancy
Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
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