Section 25395.70 Of Article 2. Definitions From California Health And Safety Code >> Division 20. >> Chapter 6.82. >> Article 2.
25395.70
. (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.