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  1. #1
    Join Date
    Dec 2008
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    Default What is a Landowner's Responsibility for Hazardous Waste from a Prior Owner

    My question involves real estate located in the State of: Ohio

    Facts: man owns commercial property. He dies and and daughter inherits. She finds buried waste.

    1.) what does she need to do to fall under innocent purchaser prtoection

    2.) what actions should she take

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: What is a Landowner's Responsibility for Hazardous Waste from a Prior Owner

    Sorry, there is no innocent purchaser protection.

    All the EPA cares about is that she owns it.

    The action she should take is clean it up.

  3. #3
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    Default Re: What is a Landowner's Responsibility for Hazardous Waste from a Prior Owner

    Quote Quoting adjusterjack
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    Sorry, there is no innocent purchaser protection.
    Actually there is and the daughter inherited the property which is one of the classes of protected persons.

    http://www2.epa.gov/enforcement/innocent-landowners

    OP, follow the link and the links to the process.

  4. #4
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    Default Re: What is a Landowner's Responsibility for Hazardous Waste from a Prior Owner

    I don't know the time lines or other issues...but sometimes if there are far more problems than the property is worth it may make sense to her to promptly disclaim the property thus creating the legal fiction she never owned it ..double check it with counsel .

  5. #5
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    Default Re: What is a Landowner's Responsibility for Hazardous Waste from a Prior Owner

    You mean like disclaiming ownership of the vehicle that just caused a fatal accident while you were driving?

    If she meets the requirements, she could enter into a de minimis third party settlement and receive statutory contribution protection for any cleanup.

    OP's best option is to take the initiative through an attorney and head off any enforcement action. If she does not, the EPA could hold her fully responsible for any cleanup action. And she cannot now dispose of the property without disclosure to any buyer.

  6. #6
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    Default Re: What is a Landowner's Responsibility for Hazardous Waste from a Prior Owner

    It appears that he means that, back when the estate was being probated, she might have disclaimed her inheritance of the real estate such that it went to another heir or escheated to the state. But from the original post, it would appear that the estate is closed.

  7. #7
    Join Date
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    19,901

    Default Re: What is a Landowner's Responsibility for Hazardous Waste from a Prior Owner

    Whenever you buy a house, whatever's in the ground belongs to you - whether it's gold or oil... or Claude Musselman.

  8. #8
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    Default Re: What is a Landowner's Responsibility for Hazardous Waste from a Prior Owner

    Quote Quoting clevelandox
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    Facts: man owns commercial property. He dies and and daughter inherits.
    Quote Quoting Mr. Knowitall
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    It appears that he means that, back when the estate was being probated, she might have disclaimed her inheritance of the real estate such that it went to another heir or escheated to the state. But from the original post, it would appear that the estate is closed.
    Exactly. I don't think you can unring the bell.

  9. #9
    Join Date
    Jun 2015
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    988

    Default Re: What is a Landowner's Responsibility for Hazardous Waste from a Prior Owner

    Legally the bell can be treated as never rung....the right to disclaim generally runs about 9 months but it is a bit state specific and in Ohio an estate is not Texhnically closed until the taxes are paid...and if that takes 18-24 months the disclaimer window may still be open ....and if the child is a minor it may be open even longer . I don't know the situation ....but in general one is not required to accept an inheritance ....and if Dad left you 10 lots and 1 contained a major major clean up problem you might be smart not to accept that specific lot or in any way become a holder in due course of same.

    There was a somewhat recent case law change in that one cannot disclaim so as to avoid paying Federal taxes...and a few agencies have piggybacked into that logic .

    A more common situation is that Dad leaves a number of properties...and one is full of code violations and unpaid taxes that are attached to land ....in my state of PA it's pretty clear one can disclaim the undesired property by timely action.

  10. #10
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    Default Re: What is a Landowner's Responsibility for Hazardous Waste from a Prior Owner

    I really wish you would not post wildly incorrect claims in people's threads, as cleaning up after you becomes tiresome.
    Quote Quoting O.R.C. Sec. 5815.36(J). Disclaiming testamentary and nontestamentary succession to real and personal property.
    (J) The disclaimant's right to disclaim under this section is barred if the disclaimant does any of the following:

    (1) Assigns, conveys, encumbers, pledges, or transfers, or contracts to assign, convey, encumber, pledge, or transfer, the property or any interest in it;

    (2) Waives in writing the disclaimant's right to disclaim and executes and delivers, files, or records the waiver in the manner provided in this section for a disclaimer instrument;

    (3) Accepts the property or an interest in it;

    (4) Permits or suffers a sale or other disposition of the property pursuant to judicial action against the disclaimant.

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