What if I redevelop the property and want to sell it afterwards; does the new owner get the liability protection and the tax incentive?
Yes. So long as they did not cause or contribute to the contamination at the site, they get the benefits of liability protection of the agreement just as the prospective developer did. A brownfields agreement should continue to facilitate the transferability of the property into the future. Also note that future owners do have the same responsibility to adhere to any land use restrictions in the agreement (for a hypothetical example, not to use the groundwater). Land use restriction violations are the responsibility of the owner at the time of the violation, so such land use restrictions violations do not come back onto past owners/developers.
