Arsenic in HuttoParke Soil
HuttoParke was formed out of 460 acres which was once an old cotton farm. An arsenic based chemical was used on the land as a defoliant to harvest cotton for many years.
Arsenic has been recognized as a human poison since ancient times. In more recent times, the Department of Health and Human Services and the Environmental Protection Agency have classified arsenic as a known carcinogen. Swallowing arsenic has been reported to increase the risk of cancer in the liver, bladder, kidney and lungs. Inhaling arsenic has been connected with an increased risk of lung cancer.
Due to the arsenic contamination in the soil, the Texas Commission on Environmental Quality (“TCEQ”) required the developer of HuttoParke to remediate certain portions of the land within HuttoParke to remove or reduce the levels of arsenic in the soil. The developer filed deed notices relating to the remediation of the arsenic in the soil in 2004 and 2005. However, these deed notices either failed to include or incorrectly identified the property at issue. Finally, in May 2008 the developer filed a deed notice that properly identified the affected property. That filing was made after our clients had already purchased their homes in HuttoParke. As such, HuttoParke homeowners had no way of discovering the development’s history of arsenic contamination prior to buying their homes.
Our office is currently evaluating claims of individuals who purchased homes built on once contaminated or substandard soil. If you believe the builder who sold you your home failed to disclose that it was built on once contaminated or substandard soil, contact our office for a free consultation.
