When daylight reveals neighborhood nightmares: The duty of builders and developers to disclose off-site environmental conditions
- Univ. of Louisville School of Law, Louisville, KY (United States)
This article describes a situation in the city of Warner Robbins, Georgia, USA where a residential land owner discovered methane gas on one of the lots in his subdivision. It was determined that the methane gas was leaking from fill material from a neighboring landfill, even though the landfill was no longer in operation. The landowner subsequently filed suit against the city asserting claims of trespass, abatable and permanent nuisance, and emotional distress, and won. Thousands of facilities in the nation generate industrial and household wastes and other pollutants which may pose health threats to the residents of those communities. In spite of these threats, builders and developers construct homes in close proximity to these potentially harmful facilities. This article discusses whether the builders and developers should have a duty to disclose off-site environmental concerns such as landfills and incinerators to home buyers.
- OSTI ID:
- 577016
- Journal Information:
- Journal of Natural Resources amp Environmental Law, Vol. 12, Issue 1; Other Information: PBD: 1997
- Country of Publication:
- United States
- Language:
- English
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