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49 U.S.C. § 47506Limitations on recovering damages for noise

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 201 words · no verdicts yet

in plain englishAI-generated · not legal advice

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) General Limitations. Someone who acquires an interest in property after February 18, 1980, in an area covered by a noise exposure map submitted under section 47503, and who has actual or constructive knowledge that the map exists, may recover damages for airport noise only if, in addition to whatever else is normally required, they show (1) that after they acquired the interest, there was a significant (A) change in the type or frequency of aircraft operations at the airport, (B) change in the airport's layout, (C) change in flight patterns, or (D) increase in nighttime operations, and (2) that the damages resulted from that change or increase. (b) Constructive Knowledge. A person is treated as having constructive knowledge of the map, at a minimum, if (1) before they acquired the interest, notice that the map existed was published at least 3 times in a newspaper of general circulation in the county where the property is located, or (2) they were given a copy of the map when they acquired the interest.
the actual law source: uscode.house.gov ↗public domain
(a)General Limitations.—

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—

(1)

after acquiring the interest, there was a significant—

(A)

change in the type or frequency of aircraft operations at the airport;

(B)

change in the airport layout;

(C)

change in flight patterns; or

(D)

increase in nighttime operations; and

(2)

the damages resulted from the change or increase.

(b)Constructive Knowledge.—

Constructive knowledge of the existence of a map under subsection (a) of this section shall be imputed, at a minimum, to a person if—

(1)

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

(2)

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.)

history & why it existsrecord from the source credit
  • 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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