California § 25395.70. 25395.70. (Added by Stats. 2004, Ch. 705, Sec. 1.)

California Statutes

§ 25395.70. — 25395.70. (Added by Stats. 2004, Ch. 705, Sec. 1.)

California § 25395.70.

JurisdictionCalifornia

Code HSCHealth and Safety Code - HSC

Div. 20.DIVISION 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS

Ch. 6.82.CHAPTER 6.82. California Land Reuse and Revitalization Act of 2004

Art. 2.ARTICLE 2. Definitions

This text of California § 25395.70. (25395.70. (Added by Stats. 2004, Ch. 705, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Health and Safety Code - HSC Code § 25395.70. (2026).

Text

(a)“Contiguous property owner” means a person who owns a site that is adjacent to or otherwise similarly situated with respect to another site that is, or may be, contaminated by a release or threatened release of a hazardous material and that is not owned by that person, and who demonstrates, by a preponderance of the evidence, all of the following:

(1)The person did not cause, contribute, or consent to the release or threatened release.

(2)At the time the person acquired the property, the person made all appropriate inquiries and did not know and had no reason to know of the release or threatened release at the site.

(3)All of the conditions of Section 25395.80 to qualify as a contiguous property owner have been met.

(4)The person is not potentially liable, or affiliated with any ot

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(a)
“Contiguous property owner” means a person who owns a site that is adjacent to or otherwise similarly situated with respect to another site that is, or may be, contaminated by a release or threatened release of a hazardous material and that is not owned by that person, and who demonstrates, by a preponderance of the evidence, all of the following:
(1)
The person did not cause, contribute, or consent to the release or threatened release.
(2)
At the time the person acquired the property, the person made all appropriate inquiries and did not know and had no reason to know of the release or threatened release at the site.
(3)
All of the conditions of Section 25395.80 to qualify as a contiguous property owner have been met.
(4)
The person is not potentially liable, or affiliated with any other person who is potentially liable, for the release at issue through any of the following circumstances:
(A)
Any direct or indirect familial relationship.
(B)
Any contractual, corporate, or financial relationship, unless the contractual,
corporate, or financial relationship is created by the instruments by which title or possession to the site is conveyed or financed or a contract for the sale of goods or services.
(C)
The result of a reorganization of a business entity that was potentially liable for the hazardous materials.
(b)
For purposes of this section, “release” does not include passive migration.

Legislative History

Added by Stats. 2004, Ch. 705, Sec. 1. Effective January 1, 2005. Repealed as of January 1, 2037, pursuant to Section 25395.109, with continuing effect as provided in Section 25395.110.