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18 Second, it is arguable that an airport disclosure law ment, any compensation should be reduced to reflect the benefits a buyer by focusing the buyer's attention on actual investment-backed expectations the buyer had the impact of existing or potential airport noise on when purchasing the property, particularly when the property that the buyer is considering purchasing. If buyer's purchase price reflected the effect of airport so, the benefit conferred by disclosure should be an noise on the property. offset against compensation claimed for noise dam- ages. As the court stated in Schooner Harbor, an V. EFFECT OF NOISE STUDIES AND CONTOUR owner's knowledge is a factor that should be considered. MAPS ON CLAIMS FOR AIRPORT NOISE The benefit of a regulation to an owner as compen- DAMAGES sation for an alleged harm caused by a regulation was addressed in the SBR case. At oral argument, Jus- A. Introduction tice Scalia stated that when "[t]he state gave you some quid pro quo for [protecting property from further Because the Typical Fair Airport Disclosure Act Pro- erosion]...maybe that's sufficient compensation" for visions in Section VI use the terms noise exposure map installing the public beach.178 As one commentator and AICUZ to define residential real property in the argues, Florida's beach renourishment program vicinity of an airport, the effect of those terms is discussed briefly in this part of the d i g e s t . Impor- does confer substantial benefits on private littoral own- tantly, it does not appear that the development and ers. The restored beach protects their adjacent land from publication of a noise exposure map for a public airport erosion and storm damage. The Act also provides specific or of an AICUZ study or map gives rise to a claim for a legal protections to the littoral owners, such as guar- taking of an owner's property that is determined to be antees of their unimpeded views of and access to the sea. within the contours of a noise exposure or AICUZ map No private land actually is taken, as the beach has to be or chart. eroded to qualify for restoration, and the new dry land was previously under water.179 B. Noise Exposure Maps Under Federal Aviation Likewise, one who receives notice of the possible im- Regulations, Part 150 pact of an airport prior to the purchase of real property The Aviation Safety and Noise Abatement Act re- has been benefited. There is authority holding that, sulted in the Federal Aviation Regulations (FAR) Part although a regulation may diminish a property's value, 150 Noise Compatibility Program.181 Part 150 provides a property owner, who has received an "average recip- for a public airport's voluntary creation of and submis- rocity of advantage" from the regulation, may not be sion to the FAA of a noise exposure map, which is a entitled to compensation.180 standardized map showing aircraft noise levels in areas In sum, if a subsequent buyer purchases property around an airport.182 When an airport authority after having been given notice that it is subject to air- chooses to submit a noise exposure map the authority port noise, especially if the buyer acquired the land creates the map by inputting sound data and other under terms reflecting the economic impact of airport physical factors affecting noise levels into a computer noise on the property, a claim in inverse condemnation program called the Integrated Noise Model.183 The pro- for noise damages will most likely be denied. Moreover, gram produces noise exposure lines similar to a when a disclosure statement has been recorded as part physical contour map showing banded regions of prop- of the land records, there is precedent holding that erty that are subject to the same noise exposure levels. the disclosure statement precludes a claim for noise The Vision 100Century of Aviation Reauthorization damages, particularly when the buyer's seller has Act184 requires the FAA to make noise exposure maps been compensated for noise damages. Alternatively, and land use information based on the maps available assuming there is a taking because of airport noise af- to the public on the FAA's Web site.185 ter a buyer has received an airport disclosure state- If a noise exposure map has been submitted by an airport authority, the ability of nearby property owners 178 to recover damages for airport noise after the date of Stop the Beach Renourishment, Inc., 130 S. Ct. 2592, 177 the submission of the map is limited. Section 47506(a) L. Ed. 2d (2010), United States Supreme Court, Oral Argu- ment, Transcript at 18. provides that a person who acquires an interest in 179 property after February 18, 1980, in an area sur- J. Peter Byrne, Rising Seas and Common Law Baselines: A Comment on Regulatory Takings Discourse Concerning Cli- rounding an airport who has actual or constructive mate Change, 11 VT. J. ENVTL. L. 625, 628 (2010) (footnote knowledge of the noise exposure map may recover omitted) (discussing the Florida Supreme Court decision in damages for noise attributable to the airport only if the SBR). 180 Resource Investments, Inc. and Land Recovery, Inc. v. 181 14 C.F.R. § 150. United States, 85 Fed. Cl. 447, 471 and 471 n.35 (2009) (quot- 182 Id. App. A. ing in part Creppel v. United States, 41 F.3d 627, 631 (Fed. 183 Cir. 1994) (stating that "[m]ere diminution" occurs when the Id. § 150.21. 184 property owner has received the benefits of a challenged regu- Pub. L. No. 108-176, 117 Stat. 2490 (Dec. 12, 2003). 185 lation, such that an "average reciprocity of advantage" results Available at http://www.faa.gov/airports/ from it). environmental/airport_noise/noise_exposure_maps/.