The following is the author's opinion and analysis.
jerry walter
Developers have built and sold thousands of homes in the Corona de Tucson area over the years. It's also true that the multibillion-dollar Canadian company Hudbay plans to develop Copperworld, a series of open-pit mines in the area. These mines will be located in close proximity to homes, schools, businesses, and public facilities. Studies show that these mines can release harmful toxins into the environment, polluting the air and water, not to mention depleting the water supplies of thousands of homes and businesses. Some of these problems are permanent and have a negative impact on residents' health and quality of life, not to mention the obvious negative impact on property values.
What is not certain is that all developers and real estate officials comply with Arizona's full real estate disclosure law and warn buyers about issues that could negatively impact property value or personal well-being, such as copper mines. That's what I'm doing.
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Affected residents and community groups continue to communicate with the Arizona Department of Environmental Quality (ADEQ) regarding their concerns regarding the Copper World project. Most recently, ADEQ seems to be working for Hudbay, not the people they are supposed to represent. At a public hearing in February, ADEQ explained how Hudbay “self-monitors and self-reports” violations of water quality standards. What's the problem there? They also said Hudbay could be subject to fines of up to $25,000 per day if it “self-reports a violation.” ADEQ officials were asked to confirm in person and in writing whether such enforcement had occurred at any mine in the state in the past few years, but could not.
In a recent report to Hudbay shareholders, the company's president and CEO said of the Copperworld challengers:
Now, in this case, the work that both we and the Arizona Department of Environmental Quality did was tremendous. Because we ensure that they are up to the challenge. ”
Later, at a public hearing in March, when I presented the shareholder statement to four ADEQ executives, they acknowledged it, but without further explanation, said, “It's not what it seems.''
This statement alone sheds entirely new light on the inner workings of ADEQ and how we, the people, should legally approach this issue. It's clear that this is a “David vs. Goliath” situation: people vs. billion dollar corporations. In America, it usually takes big money to fight big money, and this case appears to be no exception.
When I visited several residential offices in the area last year, some acknowledged the possibility of a mine being built, but others denied knowledge or said there was no problem. It may be time for the region's highly successful developers and real estate companies to actively oppose Copperworld. By leveraging our extensive resources against Copperworld, we could potentially avoid millions of dollars in future liability, especially if we did not carefully comply with the terms of the Arizona Real Estate Full Disclosure Act at the time of sale. there is. It has been known for years that this project would likely have a negative impact on property values and residents' quality of life. If Copperworld becomes a reality, buyers should review the Seller's Asset Disclosure Statement (SPDS) provided prior to closing and be informed of any negative impacts they may experience as a result of this project. If not, they could be sued for large monetary damages by the seller.
For developers, it will be a worthwhile investment to confront this Goliath and protect our quality of life, property values, and of course, our bank accounts.
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Jerry Walter worked in the newspaper industry for over 20 years and is a semi-retired owner of a small manufacturing company. He and his wife live in the Arizona area and love the mountains and nature.
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