Environmental
In Montana, 'environmental liens' may be filed against properties under CERCLA when:
AThe property owner requests a lien for environmental improvements
BThe government has incurred cleanup costs at a contaminated site and seeks reimbursement from the responsible party who owns the property✓ Correct
CThe property is adjacent to a Superfund site
DThe property has been voluntarily remediated
Explanation
Under CERCLA, the government may file an environmental lien against a property to secure repayment of cleanup costs it has incurred at a contaminated site. This lien can affect title and must be discovered in a title search.
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Key Terms to Know
Lien
A financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Right of First RefusalA contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
Title InsuranceInsurance protecting against financial loss from defects in a property's title that existed before closing but were unknown at the time of purchase.
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