[CPEO-MEF] FUDS cleanup liability

[CPEO Moderator <cpeo@cpeo.org>]

[POSTED BY  <jpanic2@charter.net>]

A remote military radar station was closed in 1970, and the property
(which included several dozen buildings) was transferred to the local
school district through a Dept. of Education-sponsored transfer.  The
property was not used by the school district, so it was transferred back
to the federal government which then sold it in 1980 to a private
individual.  During the time the school district owned the property, the
buildings were heavily vandalized, resulting in a great amount of
friable asbestos, chipped lead paint, and physical hazards throughout
the property.  The USACE file includes no record that indicate that the
current owner was made aware of these hazards.  Local lore is that
radioactive materials are buried at the site.  Plans by the current
owner in 1980 to develop the site into an RV park have been abandoned,
as has the site since 1980.  The site is a popular hangout for kids from
the nearby small town.  The property owners are elderly and cannot pay
for property cleanup.  Fencing is unlikely to be effective due to the
remoteness of the site.

So, here's my question - The buildings were intact when transferred to
the school district.  The buildings were in hazardous condition when
transferred back from the school district to GSA before being sold to
the present owners.  Does the federal government or military have any
liability for cleanup since the property was sold to the present owner
by the federal government in a hazardous condition?  Thanks!

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