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"All appropriate inquiry" regulations under CERCLA for the protection of innocent landowners

Article Abstract:

The amendment of the Comprehensive Environmental Response, Compensation, and Liability Act to protect innocent landowners, bonafide purchasers and contiguous property owners from liability for the removal of hazardous wastes from polluted property is discussed. The methods of determining the innocence of property owners and buyers thereof are described.

Author: Hess, Stephen A., Brandt, Christopher M.
Publisher: West Group
Publication Name: Real Estate Review
Subject: Real estate industry
ISSN: 0034-0790
Year: 2007
Government domestic functions, Environmental aspects, Environmental policy, Soil pollution

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Remedies for nuisance may include damages for diminution of rental value and cost of fence which only partially abates nuisance

Article Abstract:

The interpretation of the statutes governing the development of residential real estate by Americans, based on the judgement delivered by the Supreme Judicial Court of Massachusetts in Rattigan v. Wile, 445 Mass. 850, 841 N.E.2d 680 (2006), is presented.

Author: Katz, Eliot J.
Publisher: West Group
Publication Name: Real Estate Review
Subject: Real estate industry
ISSN: 0034-0790
Year: 2007
Massachusetts

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Construction and application of "public use" restriction in Fifth Amendment's Takings Clause - United States Supreme Court Cases

Article Abstract:

The interpretation of the "public use" restriction in the Takings Clause of the Fifth Amendment of the United States Constitution is presented. The compilation of related cases heard by the United States Supreme Court is presented.

Author: Buchwalter, James L.
Publisher: West Group
Publication Name: Real Estate Review
Subject: Real estate industry
ISSN: 0034-0790
Year: 2007
Criminals, Care and treatment

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Subjects list: United States, Interpretation and construction, Laws, regulations and rules, Government regulation, Real estate development, Statutes, Company legal issue, Cases, Courts
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