Part A - Society for Public Health Education

Property Damage and Decrease in Property ValueThe consequences of meth production include damage of varying degrees or possiblyeven total destruction of the property. Vapors from the chemicals used tocook meth can permeate the structure and any furnishings found on-site. Methcooks rarely take safety precautions; consequently, fire and explosions are commonat meth lab sites. Every pound of cooked meth produces five to six pounds of toxicwaste that often contaminates surrounding buildings, surface water, wells, land,and air. Very often cooks dump the toxic waste into septic systems or streams orinto the plumbing at motels or rental homes. Property owners or landlords can beleft with a property of little value. The presence of a former lab might also adverselyaffect the value of the property, not just from actual contamination, but from thestigma arising from a perception that the property is damaged.A meth lab can present a major complication for real estate transactions. Somestates may require sellers of residential property to disclose certain environmentalproblems but may not require the specific disclosure that a meth lab was found onthe property. Other states may prohibit transfer of property where illegal drugs weremanufactured unless officials determined the site was fit for use or, if not fit for use,unless the seller has made full written disclosure to the prospective purchaser.Liability and LitigationWhen a meth lab is discovered on a property, the property owners face a host oflegal and financial obligations and costs. Property owners are obligated to pay forthe cleanup (i.e., remediation) of a meth lab found on their property. In addition,federal and state environmental laws may come into play. Liability also can ariseunder statutory or common-law nuisance and negligence. Either a local governmentor neighbors of a meth lab can bring an action to declare a property a nuisance,seek an injunction, require abatement, and collect damages. Where a meth lab affectsan apartment building or mobile home park, tenants who are dispossessed byan order to decontaminate could have claims against the landlord under landlord–tenant statutes, including claims for termination of the lease and refunds for anydiminished rental value of the property. Furthermore, tenants might have claimsfor negligence against a landlord for other damages they may incur, such as healtheffects from exposure to meth lab chemicals.© 2007 Society for Public Health Education24 Helping Communities Combat Clandestine Methamphetamine Laboratories