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Contamination: The Kiss of Death for a Real Estate Deal?

Published online by Cambridge University Press:  19 August 2005

G. I. McGregor
Affiliation:
McGregor & Associates
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Extract

The discovery of contamination on real estate can be the kiss of death for a land acquisition or development project. The label “hazardous waste” can spook buyers, sellers, banks, investors, landlords, tenants, and brokers. Government agencies acquiring property by purchase, eminent domain, condemnation, tax title, gift, or otherwise, get cold feet when waste is found before the purchase and sale. Developers disappear from the landscape when they see signs of hazardous waste. Business expansions are cancelled for the fear of disturbing past contamination. This fear of liability is natural, considering that innocent landowners can be liable for acquiring contaminated land even if they were not aware of the contamination at the time of acquisition. Although recent changes in the law offer help for parties in many regards, issues still need to be addressed.

Type
NEWS & INFORMATION
Copyright
© 2003 National Association for Environmental Professionals

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