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
A person who buys property near an airport after February 18, 1980, with actual or legally imputed knowledge of a submitted noise map, may recover airport-noise damages only after showing a later significant operational or airport change caused the damages. The section specifies two minimum ways to impute knowledge.
(a) Limits. A person who acquired a property interest after February 18, 1980, in an area around an airport with a submitted noise exposure map, and who actually or constructively knew of the map, may recover damages for airport noise only if the other elements of a damages claim are also shown and, after the acquisition, there was a significant change in the type or frequency of aircraft operations, airport layout, flight patterns, or nighttime operations, and the change or increase caused the damages. (b) Constructive knowledge. At a minimum, the person is treated as knowing about the map if, before the acquisition, notice of it was published at least three times in a newspaper of general circulation in the property’s county, or the person received a copy when acquiring the interest.
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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