49 U.S.C. § 47506 — Limitations on recovering damages for noise
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 201 words · no verdicts yet
If you buy property near an airport after February 18, 1980, and a noise exposure map for it already existed and you knew about it, you can only sue for noise damages by proving a real change — like different flights, a changed layout, changed flight paths, or more night flights — caused the harm. You're treated as knowing about the map if it was advertised in a local newspaper three times or handed to you when you bought the property.
A person acquiring an interest in property after February 18, 1980, in an area surrounding an airport for which a noise exposure map has been submitted under section 47503 of this title and having actual or constructive knowledge of the existence of the map may recover damages for noise attributable to the airport only if, in addition to any other elements for recovery of damages, the person shows that—
after acquiring the interest, there was a significant—
change in the type or frequency of aircraft operations at the airport;
change in the airport layout;
change in flight patterns; or
increase in nighttime operations; and
the damages resulted from the change or increase.
Constructive knowledge of the existence of a map under subsection (a) of this section shall be imputed, at a minimum, to a person if—
before the person acquired the interest, notice of the existence of the map was published at least 3 times in a newspaper of general circulation in the county in which the property is located; or
the person is given a copy of the map when acquiring the interest.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1286.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 1286
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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