Connecticut General Statutes

Conn. Gen. Stat. § 22a-452d (2026)

Limitation on liability of innocent landowners: Definitions

✓ current as of May 2026
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As used in this section, section 22a-452e and section 22a-433:

(1) “Innocent landowner” means: (A) A person holding an interest in real estate, other than a security interest, that, while owned by that person, is subject to a spill or discharge if the spill or discharge is caused solely by any one of or any combination of the following: (i) An act of God; (ii) an act of war; (iii) an act or omission of a third party other than an employee, agent or lessee of the landowner or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the landowner, unless there was a reasonably foreseeable threat of pollution or the landowner knew or had reason to know of the act or omission and failed to take reasonable steps to prevent the spill or discharge, or (iv) an act or omission occurring in connection with a contractual arrangement arising from a published tariff and acceptance for carriage by a common carrier by rail, unless there was a reasonably foreseeable threat of pollution or the landowner knew, or had reason to know, of the act or omission and failed to take reasonable steps to prevent the spill or discharge; or (B) a person who acquires an interest in real estate, other than a security interest, after the date of a spill or discharge if the person is not otherwise liable for the spill or discharge as the result of actions taken before the acquisition and, at the time of acquisition, the person (i) does not know and has no reason to know of the spill or discharge, and inquires, consistent with good commercial or customary practices, into the previous uses of the property; (ii) is a government entity; (iii) acquires the interest in real estate by inheritance or bequest; or (iv) acquires the interest in real estate as an executor or administrator of a decedent's estate.

(2) “Discharge” means a discharge causing pollution, as those terms are defined in section 22a-423.

(3) “Spill” means a spill as defined in section 22a-452c.

(P.A. 93-375, S. 1, 4; P.A. 95-190, S. 7, 17.)

History: P.A. 93-375 effective June 30, 1993; P.A. 95-190 amended Subdiv. (1) to add provision re reasonably foreseeable threat of pollution to criteria for defining an innocent landowner in cases of a spill in connection with a contract for carriage by rail and deleted a provision extending liability protection to trustees who receive property from a decedent's estate, effective June 29, 1995.

Cited. 236 C. 722.

Notes of Decisions
Cited in 4 cases, 1996–2012 · leading case: Starr v. Comm'r of Env't Prot., 675 A.2d 430 (Conn. 1996).
Starr v. Comm'r of Env't Prot., 675 A.2d 430 (Conn. 1996). · cites it 29× “3 acre parcel of land by inheritance, thereby making her an innocent landowner pursuant to General Statutes § 22a-452d. The following facts and procedural history are undisputed.”
BEC Corp. v. Dep't of Env't Prot., 119 A.L.R. 5th 673 (Conn. 2001). “An innocent landowner, as defined in section 22a-452d, shall not be held liable, except through imposition of a lien against the contaminated real estate under section 22a-452a, for any order issued under this section on or before August 1, 1990, which order is subject to appeal…”
Fish Unlimited v. Ne. Utils. Serv. Co., 755 A.2d 860 (Conn. 2000). “An innocent landowner, as defined in section 22a-452d, shall not be held liable, except through imposition of a lien against the contaminated real estate under section 22a-452a, for any order issued under this section on or before August 1, 1990, which order is subject to appeal…”
SGRITTA v. Comm'r of Pub. Health, 37 A.3d 774 (Conn. App. Ct. 2012). · cites it 4× “358 , was pending before our Supreme Court, “the legislature enacted No. 93-375 of the 1993 Public Acts (P.”
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