Environmental Exposure Law

I own or lease property damaged by an oil spill. Am I entitled to compensation for the damages?

If you own or lease property that was damaged by an oil spill, you may be able to receive compensation under the Oil Pollution Act (OPA). 

You may be entitled to a real property damage claim for economic losses resulting from destruction of the land or buildings you own or lease. In addition, if your property has declined in value because of the spill, you may be able to make a claim for that loss of property value.  You may have a claim for the cost of restoring your property to its pre-spill condition.  You may also have a property damage claim for any decline in value of the property because of the spill.  In that case, you must sell the property at the declined value and your claim would be submitted for the difference between its assessed value before the spill and the lower price you received for it after the spill.

In addition, you may also be entitled to personal property damage claim for economic losses resulting from damages to other types property you own or lease besides real property such as the cost of cleaning or replacing equipment or other personal property that was damaged from the spill.

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