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29 B.13. Statute of Limitations261 particular directives. For example, real estate con- Any legal or equitable action based on non- tracts in use where an airport is located may fail compliance with the Act must be brought within one to include an anti-merger clause, and deeds commonly year of the date of an executed real estate sales con- in use are unlikely to refer to an airport disclosure tract if there was no transfer of title to the buyer or statement or include within the deed an airport disclo- transferee, or if there was a transfer of title to the sure statement. buyer or transferee, within one year of the date of the Thus, real estate brokers and agents, as well as lo- final settlement on the property. cal bar associations and attorneys, will need to be in- formed of a seller's obligation to disclose an airport Comment (Section 4 of the Act) and that a seller must do so in the manner required by Sections 4, 5, and 6. An airport Section 13 sets an outermost limit on the initiation authority will want to inform sellers, brokers, agents, of claims for failure to comply with the Act. Current prospective buyers, city and county recording or land residential real property disclosure laws bar claims office officials and clerks, and others of the importance after 1 year or at the most 2 years. of using the disclosure form and notice provided in Sec- tions 5 and 6 so that the form and notice become com- C. Suggested Practices for Implementing an monly accepted practice. Besides providing a copy of the Airport Disclosure Act form and notice (as well as of the disclosure act) to per- As seen in Section 2 of the Act, an airport means an sons involved in real estate transactions, an airport airport having a noise exposure map, an airport in a authority could make the information available on its designated airport influence area, or a military Web site, as well as provide links for users to download AICUZ. If an airport affecting nearby residential prop- the disclosure law and the Airport Disclosure State- erty does not have a published noise exposure map or a ment form and notice. recorded airport influence area or AICUZ that is read- An airport authority will want to draw special atten- ily available to the public then the airport authority (or tion to the requirement in Section 6 of the Act that other responsible authority) may want to designate an when property subject to the Act is being offered for airport influence area as defined in S e c t i o n 2(e) of sale, the real estate contract must provide that the air- the Act and record a noise contour map in counties in port disclosure statement survives a transfer of title. which any part of an airport is located and make the Furthermore, if the deed does not incorporate by refer- map available on its Web site. ence and attach an airport disclosure statement, then Another approach is provided by Section 4(b) of the the airport disclosure statement and notification pre- Act that does not involve plotting noise contours on a scribed by Section 6 of the Act must be included in map. An airport authority could use an existing map the text of the deed. An airport authority may need to showing the airport and its environs that includes all make available both an addendum with an anti-merger property within 2 mi of the airport and its traffic clause for attachment to a real estate contract and an pattern as defined in Sections 2(b) and 2(o). The map addendum with the airport disclosure statement and could be made available via the airport or airport notification that may be attached to a deed. Without an authority's W eb site. Depending on the circumstances airport authority or other office taking steps to assure the airport authority may want to extend the map's that the Act's requirements are being observed, even if coverage beyond 2 mi to show the possible impact of the an airport disclosure statement is delivered to a buyer, airport's operations on property in the vicinity of the the statement may have no effect after a closing on the airport. property and it would not be binding on future buyers The Act is drafted so as to make a disclosure state- and grantees so as to give them notice of an airport in ment binding on all future buyers and grantees of the the vicinity of the property being conveyed. property. However, for the Act to be successful the local An airport authority's outreach should include po- real estate industry will need to be informed of a tential home buyers so that they are informed not only seller's responsibility under the Act and of the Act's of a seller's obligations under the Act but also of a buyer's obligation to inspect a property under Section 261 765 ILL. COMP. STAT. 77/60 (2010) ("No action for viola- 7 and of their rights and remedies under Section 8 in tion of this Act may be commenced later than one year from the event of a seller's noncompliance. In notifying the the earlier of the date of possession, date of occupancy, or date public regarding the Act's provisions and obligations, of recording of an instrument of conveyance of the residential an airport authority would want to note that the meth- real property."); NEB. REV. STAT. 76-2,120(12) (2010) ("Any ods of giving a proper notice of termination of a con- action to recover damages under the cause of action shall be tract are set forth in Section 8. Buyers, moreover, commenced within one year after the purchaser takes posses- should be made aware of their right to actual damages sion or the conveyance of the real property, whichever occurs and attorney's fees and costs under Section 9 for a first."). See HAW. REV. STAT. 508D-17 (2010) (2 years); MINN. seller's noncompliance, subject to a 1-year statute of STAT. 513.57, Subd. 2 (2010) (2 years); OKLA. STAT. 60- limitations. 837(c) (2010) (2 years); PA. CONS. STAT. tit. 68, 7311(b) (2010) (2 years). Finally, if not unduly burdensome for an airport au- thority, it may want to contact neighborhood associa-