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Eagle Pipe & Supply, Inc. v. Amerada Hess Corp.

ELR Citation: 41 ELR 20333
Nos. 2010-C-2267, (La., 10/25/2011)

The Supreme Court of Louisiana held that a property owner who discovered radioactive contamination on his land after he purchased it may not file suit against oil and trucking companies allegedly responsible for that contamination. Under Louisiana law, a property owner has no right or actual interest in recovering from a third party for damage that was inflicted on the property before the purchase absent an assignment or subrogation of the rights belonging to the owner of the property when the damage was inflicted. Instead, the subsequent purchaser has the right to seek rescission of the sale, reduction of the purchase price, or other legal remedies. The court rejected the property owner's argument that the subsequent purchaser rule only applied to overt or apparent property damage.