Jurris.COM
Section 25395.75 Of Article 2. Definitions From California Health And Safety Code >> Division 20. >> Chapter 6.82. >> Article 2.
25395.75
. (a) "Innocent landowner" means a person who owns a site,
did not cause or contribute to a release or threatened release at the
site, meets the conditions to qualify as an "innocent landowner"
specified in Section 25395.80, and is any one of the following:
(1) A person who, at the time the person acquired the property, made all appropriate inquiries and did not know and had no reason to know of the release or threatened release at the site.
(2) A government entity that acquired property by escheat, or through any another involuntary transfer acquisition, or through the exercise of eminent domain authority by purchase or condemnation, or by means of a lien arising from delinquent taxes, assessments, or charges.
(3) A person who acquired the property by inheritance or bequest.
(4) A person who qualifies for the defense from liability under Section 107(b) of the federal act (42 U.S.C. Sec. 9607(b)).
(b) For purposes of this section, "release" does not include passive migration.
(1) A person who, at the time the person acquired the property, made all appropriate inquiries and did not know and had no reason to know of the release or threatened release at the site.
(2) A government entity that acquired property by escheat, or through any another involuntary transfer acquisition, or through the exercise of eminent domain authority by purchase or condemnation, or by means of a lien arising from delinquent taxes, assessments, or charges.
(3) A person who acquired the property by inheritance or bequest.
(4) A person who qualifies for the defense from liability under Section 107(b) of the federal act (42 U.S.C. Sec. 9607(b)).
(b) For purposes of this section, "release" does not include passive migration.
