ACRP Legal Research Digest 12: Fair Disclosure and Airport Impact Statements in Real Estate Transfers
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ACRP Legal Research Digest 12:
Fair Disclosure and Airport Impact Statements in Real Estate Transfers
(2011)
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Overview

Authors

Description

TRB's Airport Cooperative Research Program (ACRP) Legal Research Digest 12: Fair Disclosure and Airport Impact Statements in Real Estate Transfers examines the effect of a state or locality having no real property disclosure laws, explores existing general state real property disclosure laws, and discusses existing state real property disclosure laws specifically requiring the disclosure of airports in close proximity to the property being offered for sale.

The report also highlights annotated typical fair real property disclosure law provisions including provisions considered important for effective fair disclosure of airport-related impacts.

Topics

  • Transportation — Aviation
  • Transportation — Law

Publication Info

70 pages | 8.5 x 11
Contents

Table of Contents

skim chapter
COVER 1-1
CONTENTS 2-2
A. Introduction 3-3
B. Disclosure of Property Within an Airport Influence Area, an Airport Noise Contour Map, or an Airport Safety Zone 4-5
E. Disclosure of Military Airports 6-6
F. Effect of Airport Disclosure on a Buyer's Obligations 7-7
B. Whether an Airport Disclosure Law Is an Exercise of the Police Power 8-9
C. Judicial Tests for Determining When Government Action Amounts to a Regulatory Taking 10-12
D. The Difference Between a Facial and an "As Applied" Challenge to an Airport Disclosure Act 13-13
E. Summary 14-14
A. Whether an Airport Disclosure Statement Precludes a Buyer's Later Claim for Airport Noise Damages 15-16
B. The Effect of an Airport Disclosure Act on Compensation for Noise Damages 17-17
B. Noise Exposure Maps Under Federal Aviation Regulations, Part 150 18-18
C. AICUZ Studies and Inverse Condemnation Claims 19-19
B. Typical Airport Fair Disclosure Act Provisions 20-28
C. Suggested Practices for Implementing an Airport Disclosure Act 29-29
CONCLUSION 30-30
APPENDIX A: REAL ESTATE FAIR DISCLOSURE LAW 31-42
APPENDIX B: MATRIX OF RESIDENTIAL REAL PROPERTY STATUTORY DISCLOSURE PROVISIONS 43-54
APPENDIX C: MATRIX OF STATE AIRPORT DISCLOSURE PROVISIONS 55-55
APPENDIX D: SAMPLE AIRPORT DISCLOSURE STATEMENT 56-56
APPENDIX E: SAMPLE REAL ESTATE TRANSFER DISCLOSURE STATEMENT 57-59
APPENDIX F: TYPICAL AIRPORT FAIR DISCLOSURE ACT PROVISIONS 60-68
ACKNOWLEDGMENTS 69-69
BACK COVER 70-70

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