Managing Environmental Impairment

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April 10, 2003

Environmental issues permeate commercial and industrial real estate development and acquisition of businesses. In addition to traditional contractual mechanisms to allocate the risk of environmental liability, there are a variety of statutory protections to encourage Brownfield redevelopment. This outline will describe mechanisms available to the stakeholders in commercial and industrial development.
I. LOCAL GOVERNMENTAL UNIT AND ECONOMIC DEVELOPMENT CORPORATION LIABILITY PROTECTIONS.
A. Local Governmental Units. (“LGUs”) LGUs may acquire contaminated properties with an exemption from liability under Wisconsin’s Spill Statute. Wis. Stat. 292.11 1. LGUs are defined as:
a) municipalities (i.e. counties, cities, villages, towns); b) redevelopment authority created under for blight elimination and slum clearance; Wis. Stat. 66.1333 c) public body designated by municipality under Wis. Stat. 66.1337(4) for urban renewal; d) community development authority; or e) housing authority. Wis. Stat. 292.11(9)(c)
2. Acquisition must occur on or after October 29, 1999:
a) from tax delinquency proceedings.
If you have questions regarding the above, please contact Russ Wilson, the author of this article, or any of the attorneys in the Litigation & Dispute Resolution Practice Group of Ruder Ware.

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