Bulletin Board Magazine, 2017 Volume 4

Legal/Legislative Continued

Shine Brighter Than Your Competition

It is not uncommon for environmental issues to go undiscovered for extended periods in the context of long-held, family owned properties. Transfers are more likely to occur among family members without the typical level of due diligence completed by an outside purchaser. Discovery of preexisting environmental conditions can result in time consuming, difficult and expensive remediation. The potential availability of innocent party funds notwithstanding interfamilial transfers may prove to be extremely beneficial. It is also likely that attempts will be made to extend the application of this decision outside of the context of interfamilial property transfers. Certain corporate transfers and reorganizations are not considered to be a transfer of ownership or operations under ISRA, and interested parties should follow whether DEP and/or the courts apply the same legislative interpretation in different factual scenarios.

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