Innocent landowner amendments.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0106

SENATE FILE

NO.
SF0013

Innocent landowner amendments.

Sponsored by:
Joint Minerals, Business and Economic Development Interim Committee

A BILL

for

AN ACT relating to environmental quality; amending the definition of an
innocent
owner for purposes of immunity from liability for contamination on real property as specified
;
providing a definition
;

and
providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
. W.S. 35
‑
11
‑
103(g) by creating a new para
graph (xii) and 35
‑
11
‑
1801(a)(iv
)
, (v)
and by creating
a new
paragraph (v
i)
are
amended to read:

35
‑
11
‑
103.

Definitions.

(g
)

Specific definitions applying to voluntary remediation, real property remediation account and innocent owners:

(xii)

"Bona fide prospective purchaser" means a person

who acquired ownership of real property after January 11, 2002 and can establish each of the following by a preponderance of the evidence:

(A
)

All release or disposal of contaminants located at the real property occurred before the person acquired the real property;

(B)

The person made all appropriate
inquiries
into the previous ownership and use of the real property in accordance with
generally accepted
good commercial and customary
practices. In the case of real property used as residential property at the time of purchase by a nongovernmental or noncommercial entity, an inspection that reveal
s
no basis for further investigation shall satisfy the requirements of this subparagraph.

3
5
‑
11
‑
1801.

Definition of innocent owner.

(a)

"Innocent owner" means a person who did not cause or contribute to the source of contamination and who is one (1) of the following:

(iv)

A lender or fiduciary who owns or holds a security interest in land, unless the lender or fiduciary participated in the management of a site at the time that the owner or operator thereof caused a release or migration of contaminants;

or

(v)

A unit of state or local government which acquired ownership or control through bankruptcy, tax delinquency, abandonment or other circumstances in which the government acquires title by virtue of its function as sovereign, unless the state or local government contributed to the contamination
;
.

or

(vi)

A
t the time of purchase was a
bona fide prospective purchaser.

Section 2.

This act is effective July 1, 2012.

(END)

1
SF0013