[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
  January 16, 1996 and August 28, 1996]
[CITE: 49USC47506]

 
                        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



    (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.



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



                                          Historical and Revision Notes                                         

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            Revised Section                    Source (U.S. Code)               Source (Statutes at Large)      

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47506.................................  49 App.:2107.                    Feb. 18, 1980, Pub. L. 96-193, Sec.    

                                                                          107, 94 Stat. 53.                     

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    In subsection (a)(2), the words ``for which recovery is sought 

have'' are omitted as surplus.


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