Environmental
In West Virginia, an underground storage tank (UST) that has leaked petroleum products onto a property creates:
AA zoning violation only
BAn environmental liability that must be disclosed and remediated✓ Correct
CNo liability if the current owner did not cause the leak
DAutomatic condemnation of the property
Explanation
Leaking USTs create environmental liability and must be disclosed by sellers. Cleanup requirements apply regardless of who caused the contamination, and the current owner may bear responsibility.
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Key Terms to Know
Zoning
Local 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.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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