Sec. 22a-452d. Limitation on liability of innocent landowners: Definitions.
Sec. 22a-452d. Limitation on liability of innocent landowners: Definitions. As
used in this section, section 22a-452e and section 22a-433:
(1) "Innocent landowner" means: (A) A person holding an interest in real estate,
other than a security interest, that, while owned by that person, is subject to a spill or
discharge if the spill or discharge is caused solely by any one of or any combination of
the following: (i) An act of God; (ii) an act of war; (iii) an act or omission of a third
party other than an employee, agent or lessee of the landowner or other than one whose
act or omission occurs in connection with a contractual relationship, existing directly
or indirectly, with the landowner, unless there was a reasonably foreseeable threat of
pollution or the landowner knew or had reason to know of the act or omission and failed
to take reasonable steps to prevent the spill or discharge, or (iv) an act or omission
occurring in connection with a contractual arrangement arising from a published tariff
and acceptance for carriage by a common carrier by rail, unless there was a reasonably
foreseeable threat of pollution or the landowner knew, or had reason to know, of the act
or omission and failed to take reasonable steps to prevent the spill or discharge; or (B)
a person who acquires an interest in real estate, other than a security interest, after the
date of a spill or discharge if the person is not otherwise liable for the spill or discharge
as the result of actions taken before the acquisition and, at the time of acquisition, the
person (i) does not know and has no reason to know of the spill or discharge, and inquires,
consistent with good commercial or customary practices, into the previous uses of the
property; (ii) is a government entity; (iii) acquires the interest in real estate by inheritance
or bequest; or (iv) acquires the interest in real estate as an executor or administrator of
a decedent's estate.
(2) "Discharge" means a discharge causing pollution, as those terms are defined in
section 22a-423.
(3) "Spill" means a spill as defined in section 22a-452c.
(P.A. 93-375, S. 1, 4; P.A. 95-190, S. 7, 17.)
History: P.A. 93-375 effective June 30, 1993; P.A. 95-190 amended Subdiv. (1) to add provision re reasonably foreseeable threat of pollution to criteria for defining an innocent landowner in cases of a spill in connection with a contract for
carriage by rail and deleted a provision extending liability protection to trustees who receive property from a decedent's
estate, effective June 29, 1995.
Cited. 236 C. 722.