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

(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

(Pub. L. 103–272, § 1(e),July 5, 1994, 108 Stat. 1286.)

Historical and Revision Notes
Revised Section Source (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.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

49 USCDescription of ChangeSession YearPublic LawStatutes at Large

 

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