Cost recovery and division of responsibility for cleanup depend on the motives for cleanup. If the cleanup is motivated solely by TxDOT's construction requirements, and the former property owner would not have been required by regulation to implement corrective action, then the costs of cleanup and future liability should not be borne by the former property owner. If, however, the contaminated property constitutes a health risk to the general public that is not directly related to construction activities (i.e., the site is, or should be, under enforcement), then cleanup costs and future liability should be borne by the former property owner.