{"data":{"id":"us-nd/n.d.-cent.-code-32-40.1-02","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 32-40.1-02","heading":"Third-party liability - Environmental damage","body":"1.Except as preempted by federal law, a person may not be deemed to be an owner or operator of property who, without participating in the management of the property, holds indicia of ownership primarily to protect a security or lien hold interest in the property or in property in which the property is located.\n2.A lender-owner or representative is not by virtue of becoming the owner of property liable for any third-party liability arising from contamination or pollution emanating from the property before the date the title vests in the lender-owner or representative. For the purposes of this section, the issuance of a sheriff's certificate of sale is not sufficient to vest title in the lender-owner or representative.\n3.A lender-owner or representative is not by virtue of becoming the owner of property liable for any third-party liability arising from contamination or pollution emanating from the property during the period of ownership so long as, and to the extent that:\na.The lender-owner or representative does not knowingly cause new contamination or pollution or does not knowingly allow others to cause new contamination or pollution;\nb.The lender-owner has, in good faith, caused an individual, including an officer or employee of the lender-owner, possessing the requisite knowledge and experience to conduct a visual inspection of the property to determine the presence and condition of hazardous wastes or substances and obvious contamination or pollution; and\nc.The lender-owner found by the enforcing agency to be in noncompliance with federal or state laws takes steps to assure compliance with applicable laws.","path":["Title 32 Judicial Remedies","Chapter 32-40.1 Lender Liability For Environmental Damage"],"source_url":"https://ndlegis.gov/cencode/t32c40-1.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"ffce0c9210c793b75c80e40a2001696a37ef32b9a828c107996604e35d2a07df","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-32-40.1-01","next":"us-nd/n.d.-cent.-code-32-40.1-03"},"notice":"GroundRules: Original legal text. Not legal advice."}