Alcance y límites de la responsabilidad del propietario por los suelos históricamente contaminados

Abstract

This paper analyses whether there are limitations for proprietors’ legal responsibility for remediating polluted soils that they did not contribute to pollute, and of whose polluted situation they were not aware at the time of acquisition. It starts exploring the nature and extent of proprietors’ legal duty to remediate soil pollution. Next, it seeks the possibility of deducing or introducing some legal limitations to that duty, either explicitly or implicitly. Then, it moves to the text of the Constitution to search for constitutional guidance. The article argues, first, that the Constitution would not allow for imposing excessive duties of remediation; and, second, that in certain cases the duty of remediation should instead be imposed upon those who will obtain the resulting benefit, for instance, the town planning and property developer, in order to avoid unjust enrichment.