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Pt. I | Environmental Laws Affecting Real Estate Transactions | |
Ch. 1 | Federal and State Superfund Laws | 3 |
Ch. 2 | Superfund Cost Recovery Liens and Superliens | 57 |
Ch. 3 | Transfer-Triggered Cleanup, Disclosure and Reporting Laws | 75 |
Ch. 4 | Other Disclosure and Reporting Laws | 119 |
Ch. 5 | Land Use Restrictions and Building Permit Requirements | 155 |
Ch. 6 | Wetlands Regulation | 161 |
Ch. 7 | Other Federal and State Environmental Laws | 177 |
Ch. 8 | Common Law Liability | 185 |
Pt. II | The Impact of Environmental Laws on Real Estate Transactions | |
Ch. 9 | Sellers and Buyers | 201 |
Ch. 10 | Lenders and Lender Liability | 213 |
Ch. 11 | Lessors and Lessees | 261 |
Ch. 12 | Brokers | 267 |
Ch. 13 | Exchange Accommodators | 271 |
Ch. 14 | Corporate Officers, Directors, Shareholders and Successors | 277 |
Ch. 15 | Appraisal and Valuation of Environmentally Impaired Real Estate | 309 |
Pt. III | Protections Against Environmental Liability | |
Ch. 16 | Environmental Assessments | 325 |
Ch. 17 | Environmental Assessment and Cleanup as Conditions of a Transaction | 361 |
Ch. 18 | Negotiated Contractual Protections | 367 |
Ch. 19 | Additional Protections for Lenders | 419 |
Ch. 20 | Deal Structure | 423 |
Ch. 21 | Liability Insurance | 425 |
Ch. 22 | Title Insurance | 439 |
Ch. 23 | Bankruptcy | 453 |
Ch. 24 | Expert and Legal Opinions | 465 |
Conclusion | 469 | |
Appendix: FNMA Environmental Hazards Management Procedure (1988) | 473 | |
Appendix: FHLB Thrift Bulletin: Environmental Risk and Liability (February 6, 1989) | 499 | |
Appendix: H.R. 2787 (Rep. Weldon) [The "Innocent Landowner Defense Amendment of 1989"] | 507 |
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