Environmental
A Minnesota property owner discovers their home was built over a former landfill. Under CERCLA, they may be liable for cleanup costs as a:
AResponsible party is impossible since they are innocent
BCurrent owner (potentially strictly liable)✓ Correct
COnly if they knew about the landfill before purchase
DOnly for cleanup on adjoining properties
Explanation
CERCLA imposes strict liability on current property owners for hazardous waste cleanup, regardless of fault or knowledge. This is one of the harshest aspects of environmental law.
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Key Terms to Know
Right of First Refusal
A contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
Joint TenancyCo-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.
Closing CostsFees and expenses paid by the buyer and/or seller at the closing of a real estate transaction, in addition to the property's purchase price.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
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