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Stack #4587666
| Question | Answer |
|---|---|
| CERCLA (Superfund) | Federal law requiring responsible parties to pay for hazardous waste cleanup. |
| Strict Liability under CERCLA | Liable even if not your fault. |
| Joint & Several Liability (CERCLA) | EPA can make one party pay 100% of cleanup. |
| Retroactive Liability (CERCLA) | Applies to contamination that happened before CERCLA existed. |
| CERCLA in Real Estate | Buyer becomes liable for cleanup even if they did not cause contamination. |
| Innocent Purchaser Defense | Only defense to CERCLA; requires Phase I ESA before purchase. |
| Phase I Environmental Site Assessment | Records review + site visit; identifies RECs; valid 6–12 months. |
| Recognized Environmental Condition (REC) | Condition indicating contamination may exist. |
| Phase II ESA | Invasive sampling/testing when REC identified; requires seller approval + indemnity. |
| Environmental Covenant | Recorded restriction limiting future uses of remediated property; runs with land. |
| Examples of Environmental Covenants | No residential use, no groundwater wells, no disturbance of vapor barrier. |
| Brownfields / VCUP | Cleanup tied to intended use; leads to No Further Action letter. |
| Asset Deal vs Equity Deal | Asset deal limits liability; equity deal acquires liabilities. |
| ⸻ | |
| Prior Appropriation (“First in time…”) | Oldest water rights have priority regardless of land ownership. |
| Beneficial Use | To keep water right, must use water productively (“use it or lose it”). |
| Tributary Groundwater | Connected to streams; requires decree + augmentation plan; cannot injure seniors. |
| Non-Tributary Groundwater | Not connected to streams; treated like mineral right; finite pumping allowed. |
| Exempt Well | Domestic well exempt from adjudication, augmentation, and curtailment. |
| Non-Exempt Well | Larger well requiring permit, water court adjudication, and augmentation (if tributary). |
| Augmentation Plan | Plan supplying replacement water so senior rights are not harmed. |
| Historic Consumptive Use | Only amount historically consumed can be transferred. |
| Conservation Easement | Permanent negative easement for preservation; tax benefits; runs with land. |
| Appurtenant Easement | Benefits adjacent parcel; runs with both parcels. |
| Easement in Gross | Benefits a person/entity; transferable if commercial. |
| Affirmative Easement | Right to do something on another’s land. |
| Negative Easement | Restricts what landowner can do (e.g., conservation easement). |
| ⸻ | |
| Comprehensive Plan | Long-term vision; advisory unless adopted into approval criteria. |
| Zoning | Regulates use, density, height, setbacks; rezoning is discretionary. |
| Planned Unit Development (PUD) | Flexible zoning requiring comp plan consistency + compatibility + minimal impacts. |
| Subdivision Process (SB-35) | Sketch Plan → Preliminary Plat → Final Plat; requires adequate water. |
| Land Use Notice Requirements | Mailed notice, posted sign, published notice; improper notice → invalid approval. |
| Quasi-Judicial Land Use Action | Applies criteria to single property; appeal via Rule 106 on the record only. |
| Legislative Land Use Action | Adopts broad policies; no evidentiary standard required. |
| Exaction | Land or money required as condition of approval to mitigate impacts. |
| Nollan Nexus Test | Exaction must relate to project’s impact. |
| Dolan Proportionality Test | Exaction must be proportional to impact. |
| Sheetz (2024) | Legislative impact fees also must satisfy Nollan/Dolan. |
| Impact Fees in Colorado | Must quantify actual impacts; cannot be arbitrary. |
| ⸻ | |
| Eminent Domain | Power to take property for public use with just compensation. |
| Colorado “Taken or Damaged” Standard | Compensation required for takings AND damages. |
| Good Faith Offer | Government must offer to buy before condemnation suit. |
| Possession Hearing | Court decides authority, necessity, and public purpose. |
| Valuation Phase | Determines just compensation (jury or commissioners). |
| Highest and Best Use | Property valued at its most valuable legal use. |
| Remainder Damages | Payment for reduced value of land not taken. |
| Compensable View Loss | View is compensable only if intrinsic to property value and not caused by project. |
| Non-Compensable Damages | Business losses, temporary access issues, most view losses. |
| Lafayette v. Erie | City cannot condemn for pretextual reasons (e.g., blocking competition). |
| RTD v. 750 West | Clarifies commissioner procedure; public entities must pay compensation. |
| ⸻ | |
| Possessory Interest | Right to occupy + exclude others. |
| Non-Possessory Interest | Rights in another’s land (easements, covenants, profits). |
| Exclusive Easement | Easement holder has exclusive use; owner excluded. |
| Nonexclusive Easement | Both easement holder and landowner can use. |
| Easement Holder Duties | Maintain, improve reasonably, and stay within scope. |
| Servient Owner Duties | Not interfere or block access. |
| ⸻ | |
| Promissory Note | Legal promise to repay loan; personal liability. |
| Negotiable Note | Transferable note enabling securitization. |
| Mortgage | Two-party security instrument (borrower + lender). |
| Deed of Trust | Three-party instrument enabling faster foreclosure (trustee holds title). |
| Lien Theory | State (CO) where borrower keeps title; lender has lien. |
| MERS | Electronic mortgage assignment registry; does not block foreclosure. |
| Acceleration Clause | Default → entire balance due immediately. |
| Due-on-Sale Clause | Transfer triggers lender’s right to demand payoff. |
| Prepayment Penalty | Fee for paying loan early (common commercial). |
| Negative Amortization | Loan balance grows because payments don’t cover interest. |
| Contract for Deed | Seller keeps title until paid; buyer forfeits everything if default. |
| Priority Rule (“First in time…”) | Earlier liens get paid first in foreclosure. |
| Deficiency Judgment | Lender can seek remaining balance unless bid < FMV. |
| Foreclosure Proceeds Order | Costs → senior liens → junior liens → borrower receives surplus. |
| ⸻ | |
| Automatic Stay (§362) | Halts all collection + foreclosure immediately upon filing. |
| Adequate Protection | Must prevent collateral value decline (payments, liens, equity). |
| Relief from Stay | Lender can foreclose if no adequate protection OR no equity + not needed for reorg. |
| Single Asset Real Estate (SARE) | Must file plan or payments within 90 days; prevents delay abuse. |
| Bad Faith Filing | Indicators: 1 asset, no employees, eve-of-foreclosure filing. |
| Estate Property (§541) | All legal/equitable interests become part of bankruptcy estate. |
| Discharge | Eliminates personal liability but NOT liens. |
| Lease Assumption | Debtor may keep valuable lease if defaults cured. |
| Assignment of Rents (Inchoate) | Lien exists but lender hasn’t activated it. |
| Assignment of Rents (Choate) | Lender activates lien and collects rents. |
| Reorganization Feasibility | Court determines whether plan is realistic and workable. |
| ⸻ | |
| Disparate Treatment | Intentional discrimination under FHA. |
| Disparate Impact | Neutral policy harming protected groups; no intent required. |
| Inclusive Communities | FHA includes disparate impact claims. |
| ECOA | Lending discrimination law (race, sex, marital status, age, etc.). |
| TILA / Regulation Z | Requires clear disclosure of APR, fees, payment schedule. |
| Trigger Terms | If ad mentions any financing term, must disclose full terms including APR. |
| Predatory Lending | Deceptive practices like bait-and-switch, excessive fees, loan flipping. |
| ⸻ | |
| Home Rule (Colorado) | Cities derive zoning power from constitution. |
| State Override Rule | State may override only on matters of statewide concern. |
| HB 1304 | Eliminates minimum parking requirements near transit. |
| HB 1313 | Requires higher density in transit-oriented areas. |
| Zoning Conflict (Exam Focus) | Is zoning a local concern or statewide concern? Being litigated. |
| ⸻ | |
| Mediation (ADR) | Nonbinding negotiation; required before litigation; cheap and fast. |
| Arbitration (ADR) | Binding, private, limited appeal; expensive. |
| Federal Arbitration Act (FAA) | Default law unless contract opt-out; very pro-arbitration. |
| CRUAA (Colorado Arbitration Act) | Applies only if contract explicitly chooses it. |
| Fee Shifting in ADR | Must be expressly written; default = each pays own fees. |
| Brightstar v. Jordan | FAA applied; no fee shifting; unclear parties → award partly vacated. |
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