Environmental
CERCLA (Superfund) liability in Montana means a property owner may be responsible for cleanup costs even if:
AThey caused the contamination themselves
BThey purchased the property after contamination occurred and had no knowledge of it✓ Correct
CThe contamination happened more than 50 years ago
DThey inherited the property
Explanation
CERCLA imposes strict, joint and several liability on current property owners for cleanup costs, even if they did not cause the contamination. There is an 'innocent landowner' defense for bona fide purchasers who conduct adequate due diligence.
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Key Terms to Know
Variance
Official 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.
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.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
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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