1998 CPEO Brownfields List Archive

From: Michael_Gerrard@aporter.com
Date: 14 May 1998 11:09:41
Reply: cpeo-brownfields
Subject: Re: Lots of questions...
Just calling something confidential doesn't necessarily make it so. If a
property owner sends a listing to a registry, and later becomes involved in
litigation over the property, the owner could be required to produce the
submission to the other side. If it turns out that the information in the
listing was not disclosed to potential buyers, to the government (where a
reporting obligation exists), or to others who should have the information,
the owner could find itself in legal hot water.  Moreover, there could be
concern that the items in the registry could leak out and be published;
that could have the effect of stigmatizing the property -- in particular,
scaring away potential purchasers who are very risk averse. Thus I would be
extremely reluctant to advise a client to send in a listing to a registry
like this, unless the fact of the property's contamination was already well

Michael B. Gerrard

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