C.R.S. Section 13-20-703
Environmental third-party liability

  • ownership

(1)

Except as preempted by federal law, no person or entity shall be deemed to be an owner or operator of real or personal property who, without participating in the management of the subject real or personal property, holds indicia of ownership primarily to protect a security or lienhold interest in the subject real or personal property or in the property in which the subject real or personal property is located.

(2)

No lender-owner or representative shall, by virtue of becoming the owner of real or personal property, be liable for any third-party liability arising from contamination or pollution emanating from said property prior to the date that title vests in the lender-owner or representative.

(3)

No lender-owner or representative shall, by virtue of becoming the owner of real or personal property, be liable for any third-party liability arising from contamination or pollution emanating from said property during the period of ownership so long as, and to the extent that, it does not knowingly or recklessly cause new contamination or pollution or does not knowingly or recklessly allow others to cause new contamination or pollution if lender-owner has caused an environmental professional to conduct a visual inspection of the property and a record search of the recorded chain of title documents regarding the real property for the prior fifty years to determine the presence and condition of hazardous waste or substances, obvious contamination, or pollution and, if found by the enforcing agency to be in noncompliance with federal or state laws, takes steps to assure compliance with applicable laws. This subsection (3) shall apply to the lender-owner as long as it makes reasonable efforts to resell the property.

(4)

This section shall not affect any liability expressly created under federal or state health or environmental statutes, regulations, permits, or orders.

Source: Section 13-20-703 — Environmental third-party liability - ownership, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑20‑101
What actions survive 13‑20‑102
Effect of repeal 13‑20‑201
Legislative declaration 13‑20‑202
Civil causes abolished 13‑20‑203
Breach of contract to marry not actionable 13‑20‑204
Certain contracts made in settlement of claims void 13‑20‑205
Unlawful to file pleading 13‑20‑206
Unlawful to name corespondent 13‑20‑207
Corespondent not to be disclosed - cross-examination - effect 13‑20‑208
Penalty for violations 13‑20‑401
Definitions 13‑20‑402
Physician to provide information for written informed consent 13‑20‑403
Restrictions on electroconvulsive treatment - rights of minors 13‑20‑601
Legislative declaration 13‑20‑602
Actions against licensed professionals and acupuncturists - certificate of review required 13‑20‑701
Legislative declaration 13‑20‑702
Definitions 13‑20‑703
Environmental third-party liability - ownership 13‑20‑801
Short title 13‑20‑802
Legislative declaration 13‑20‑802.5
Definitions 13‑20‑803
List of defects required 13‑20‑803.5
Notice of claim process 13‑20‑804
Restriction on construction defect negligence claims 13‑20‑805
Tolling of statutes of limitation 13‑20‑806
Limitation of damages 13‑20‑807
Express warranty - not affected 13‑20‑808
Insurance policies issued to construction professionals 13‑20‑901
Class actions - appellate review 13‑20‑1001
Short title 13‑20‑1002
Legislative declaration 13‑20‑1003
Definitions 13‑20‑1004
Forum non conveniens 13‑20‑1101
Action involving exercise of constitutional rights - motion to dismiss - appeal - legislative declaration - definitions 13‑20‑1201
Definitions 13‑20‑1202
Civil cause of action for sexual misconduct against a minor - exceptions 13‑20‑1203
Limitation on action - retroactive application 13‑20‑1204
Waiver of liability void 13‑20‑1205
No contributory negligence - interest on damages - limitation on damages 13‑20‑1206
Attorney fees 13‑20‑1207
Applicability of part to public entities and public employees - damages - no duty to indemnify
Green check means up to date. Up to date

Current through Fall 2024

§ 13-20-703’s source at colorado​.gov