Click for next page ( 3


The National Academies | 500 Fifth St. N.W. | Washington, D.C. 20001
Copyright © National Academy of Sciences. All rights reserved.
Terms of Use and Privacy Statement



Below are the first 10 and last 10 pages of uncorrected machine-read text (when available) of this chapter, followed by the top 30 algorithmically extracted key phrases from the chapter as a whole.
Intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text on the opening pages of each chapter. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

Do not use for reproduction, copying, pasting, or reading; exclusively for search engines.

OCR for page 2
CONTENTS I. Introduction, 3 II. Disclosure of Airports Under Existing Real Property Disclosure Laws, 3 A. Introduction, 3 B. Disclosure of Property Within an Airport Influence Area, an Airport Noise Contour Map, or an Airport Safety Zone, 4 C. Disclosure of Property in the Proximity or Within a Certain Distance of an Airport, 6 D. Disclosure of Property Affected by Airport Noise, 6 E. Disclosure of Military Airports, 6 F. Effect of Airport Disclosure on a Buyer's Obligations, 7 III. An Airport Disclosure Act: An Exercise of the State's Police Power or a Regulatory Taking?, 8 A. Introduction, 8 B. Whether an Airport Disclosure Law Is an Exercise of the Police Power, 8 C. Judicial Tests for Determining When Government Action Amounts to a Regulatory Taking, 10 D. The Difference Between a Facial and an "As Applied" Challenge to an Airport Disclosure Act, 13 E. Summary, 14 IV. Effect of Airport Disclosure Statement on a Later Claim for Noise Damages, 15 A. Whether an Airport Disclosure Statement Precludes a Buyer's Later Claim for Airport Noise Damages, 15 B. The Effect of an Airport Disclosure Act on Compensation for Noise Damages, 17 V. Effect of Noise Studies and Contour Maps on Claims for Airport Noise Damages, 18 A. Introduction, 18 B. Noise Exposure Maps Under Federal Aviation Regulations, Part 150, 18 C. AICUZ Studies and Inverse Condemnation Claims, 19 VI. Typical Airport Fair Disclosure Act Provisions, 20 A. Introduction, 20 B. Typical Airport Fair Disclosure Act Provisions, 20 C. Suggested Practices for Implementing an Airport Disclosure Act, 29 Conclusion, 30 Appendix A: Real Estate Fair Disclosure Law, 31 Appendix B: Matrix of Residential Real Property Statutory Disclosure Provisions, 43 Appendix C: Matrix of State Airport Disclosure Provisions, 55 Appendix D: Sample Airport Disclosure Statement, 56 Appendix E: Sample Real Estate Transfer Disclosure Statement, 57 Appendix F: Typical Airport Fair Disclosure Act Provisions, 60