Most complaints alleging damages to real property from environmental contamination include trespass, nuisance and negligence claims. Many involve contamination in groundwater that has migrated or continues to migrate from nearby former manufacturing facilities. Only the negligence claim survived against a polluter in KB Home Inc. v. Rockville TBD Corp., No. 49A02-0909-CV-881 (Ind. Ct. App. June 18, 2010) because the polluting activity was over and the damage had already been done when KB purchased its property. (more…)