Property Ownership

Property Ownership Practice Question

The 'innocent landowner' defense under CERCLA requires:
A
Proof that the owner never visited the property
B
All appropriate inquiry before acquisition
C
A Phase III environmental assessment
D
Insurance coverage for environmental damage
Explanation

The innocent landowner defense requires that the buyer conducted 'all appropriate inquiry' (typically a Phase I Environmental Site Assessment) before purchasing the property and had no reason to know of contamination. This defense protects buyers who performed proper due diligence.

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