Iowa Code 455B.752 – Immunity from third-party liability
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A person that holds indicia of ownership of property contaminated by a hazardous substance, hazardous waste, or regulated substance, and that satisfies all of the conditions provided in section 455B.381, subsection 7, paragraph “b”, or section 455B.471, subsection 6, paragraph “b”, subparagraphs (1), (2), and (3), or a person that has acquired property contaminated by a hazardous substance, hazardous waste, or regulated substance, shall not be liable to any third party for any third-party liability arising from such contamination provided that all of the following apply:
1. The person does not knowingly cause or permit a new or additional hazardous substance, hazardous waste, or regulated substance to arise on or from the acquired property that injures a third party or contaminates property owned or leased by a third party.
Terms Used In Iowa Code 455B.752
- Acquired: means purchased, leased, obtained by inheritance or descent and distribution, or obtained by foreclosure sale under chapter 654, nonjudicial voluntary foreclosure under section 654. See Iowa Code 455B.751
- Contract: A legal written agreement that becomes binding when signed.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Hazardous substance: means the same as defined in section 455B. See Iowa Code 455B.751
- Hazardous waste: means the same as defined in section 455B. See Iowa Code 455B.751
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- Potentially responsible party: means a person whose acts or omissions were a proximate cause of the contamination of the acquired property, or a person whose negligent acts or omissions are a proximate cause of injury or damages resulting from exposure to such contamination. See Iowa Code 455B.751
- property: includes personal and real property. See Iowa Code 4.1
- Regulated substance: means the same as defined in section 455B. See Iowa Code 455B.751
- Third party: means any person other than a person that holds indicia of title to property or that has acquired property as identified in section 455B. See Iowa Code 455B.751
- Third-party liability: means any liability or obligation, other than contractual obligations that specifically waive all or part of the immunity provided by section 455B. See Iowa Code 455B.751
2. The person is not a potentially responsible party or affiliated with any potentially responsible party by reason of any of the following:
a. Any direct or indirect familial relationship.
b. Any contractual, corporate, or financial relationship, other than a contractual, corporate, or financial relationship that is created by the instruments by which title to the property is conveyed or financed or by a contract for the sale of goods or services.
c. A reorganization of a business entity that is or was a potentially responsible party.