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30 tions, community groups, local newspapers, and blog- gers in areas with property within the boundaries of a noise exposure map, airport influence area, or an AICUZ, or, if those designations are not applicable, property that is within 2 mi (or other distance) of the airport and its traffic pattern as a way of promoting local familiarity with the airport disclosure act and its requirements. In addition to providing information and documents on a Web site, a descriptive brochure with a copy of the law, the form of the airport disclo- sure statement, and the addenda for a real estate con- tract and deed would be a helpful take-home package for prospective buyers and sellers, as well as others who need to be aware of the airport disclosure requirements. CONCLUSION Although many state legislatures have adopted resi- dential property disclosure laws, only a few states re- quire the disclosure of an airport or of the potential impact of airport noise or other effects on nearby prop- erty. The general disclosure laws applicable to resi- dential property have not been construed to require the disclosure of an airport. However, several states have specific disclosure laws requiring sellers to disclose when residential property offered for sale is affected by a public or military airport. Thus, in a few states dis- closure may be required regarding property that is within the boundaries of an airport noise exposure map or a designated airport influence area or that is situated in a military AICUZ, terms that are used in the Typical Airport Fair Disclosure Act developed for this report. There could be some concern whether the enactment of an airport disclosure act would be only an exercise of a stateâs police power or could amount to a regulatory taking of an ownerâs property. However, based on cur- rent United States Supreme Court decisions, although the law continues to evolve, it does not appear that an airport disclosure act would come within any of the categories of possible regulatory takings. Furthermore, an airport disclosure law is not a restriction on the use of property, nor does it have any effect on the level of airport noise affecting a propertyâs value. Whatever noise impact there is remains the same re- gardless of whether a seller is required to disclose the presence of an airport. The disclosure act provisions contained in Section VI of this report are based in part on provisions appearing in many of the current disclosure laws. However, sig- nificant provisions included in the TAP to the effect that a disclosure statement must be included in the partiesâ real estate contract; that the contract must in- clude an anti-merger clause so that it is clear that the contract and disclosure statement survive the delivery of the deed; and that the disclosure statement be recorded with the deed or that the deed must in- clude the prescribed airport disclosure statement and notification are not present in existing airport real property disclosure acts. The intent of suggesting that these provisions be included is to make the disclosure statement binding not only on a present buyer and seller but also on future buyers and grantees of the property. Finally, for successful implementation of an airport disclosure act, airports and airport authorities would need to engage in community outreach to familiarize buyers and sellers, as well as others involved in residential real estate transactions, with the Act and its disclosure requirements and procedures.
