2018 US Code
Title 49 - Transportation
Subtitle VII - Aviation Programs
Part B - Airport Development and Noise
Chapter 475 - Noise
Subchapter I - Noise Abatement
Sec. 47506 - Limitations on recovering damages for noise

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Citation 49 U.S.C. § 47506 (2018)
Section Name §47506. Limitations on recovering damages for noise
Section Text

(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.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
47506 49 App.:2107. Feb. 18, 1980, Pub. L. 96–193, §107, 94 Stat. 53.

In subsection (a)(2), the words "for which recovery is sought have" are omitted as surplus.

Publication Title United States Code, 2018 Edition, Title 49 - TRANSPORTATION
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART B - AIRPORT DEVELOPMENT AND NOISE
CHAPTER 475 - NOISE
SUBCHAPTER I - NOISE ABATEMENT
Sec. 47506 - Limitations on recovering damages for noise
Contains section 47506
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 94 Stat. 53
108 Stat. 1286
Public Law References Public Law 96-193, Public Law 103-272
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