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Where Counties Fear to Tread

This year's look-before-you-leap award goes to Saratoga County, New York. Officials there recently acquired a piece of tax-delinquent property, only to find out later that the land contained an illegal tire dump, a potentially huge environmental liability.

This year's look-before-you-leap award goes to Saratoga County, New York. Officials there recently acquired a piece of tax-delinquent property, only to find out later that the land contained an illegal tire dump, a potentially huge environmental liability.

It seems that the county's "due diligence" in inspecting the property was missing the part about the diligence. Before the county foreclosed on the parcel last winter, an employee did go to check it out. The property was fenced in, however, and he failed to get a close look. A blanket of snow further covered up evidence of the dump.

It wasn't until March that stunned county officials realized what they now owned: between 8 million and 13 million used tires. This was more than an embarrassment; it was a nightmare. A fire there would create an environmental disaster. In fact, the state had for years done battle with the dump's owner over shutting it down and cleaning it up. "Apparently there had been articles about it from time to time," says county attorney Mark Rider, who notes that the dump site was just one of hundreds on a list of parcel numbers. "It just didn't ring a bell with anybody."

The county caught a break in May, however, when it asked a county judge to return title to the property to its previous owner. The judge, citing a state law that shields localities from liability on acquired properties, agreed.

Meanwhile, Saratoga County tightened its foreclosure process. The property inspections will continue. But from now on, the county will also consult with town officials on any property it is attempting to seize, and county supervisors will have to review the property list twice.

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