Environmental
The New Jersey Spill Compensation and Control Act (Spill Act) holds property owners responsible for cleanup of hazardous substance contamination on a:
ANegligence-only basis requiring proof of fault
BStrict liability basis, meaning fault or negligence does not need to be proven✓ Correct
COnly if they caused the contamination intentionally
DOnly if the contamination affects neighboring properties
Explanation
NJ's Spill Act imposes strict liability for cleanup costs on dischargers and responsible parties. The state does not need to prove the responsible party was negligent—the mere fact of a discharge of a hazardous substance creates liability for remediation.
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Key Terms to Know
Encumbrance
Any claim, lien, charge, or liability attached to real property that affects its value or limits its use.
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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