Environmental
In South Dakota, the 'innocent landowner defense' under CERCLA protects a buyer from liability for pre-existing contamination if:
AThey paid less than market value for the property
BThey conducted all appropriate inquiry (Phase I ESA) before purchase and had no knowledge of contamination✓ Correct
CThey have owned the property for less than 5 years
DThey report the contamination to DENR within 30 days of discovery
Explanation
The innocent landowner defense under CERCLA requires that the purchaser conducted all appropriate inquiry (following ASTM standards for Phase I ESA) prior to purchase and did not know of the contamination.
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