Environmental
In New York, a homeowner who discovers that their property has been contaminated by a neighboring industrial facility may have a claim under:
AOnly the federal Superfund (CERCLA) law
BNew York Navigation Law (for petroleum), CERCLA (for hazardous substances), and common law theories including nuisance and trespass✓ Correct
COnly local municipal ordinances
DNo legal theory; the contaminating party is not liable to neighbors
Explanation
A contaminated New York property owner may have multiple legal theories against a neighbor who caused contamination: the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for hazardous substances; New York Navigation Law for petroleum; and common law claims for nuisance (unreasonable interference with property use) and trespass (physical intrusion of contaminants).
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Key Terms to Know
Eminent Domain
The 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.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
Math Concepts
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