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Fair Disclosure and Airport Impact Statements in Real Estate Transfers (2012)

Chapter: APPENDIX C: MATRIX OF STATE AIRPORT DISCLOSURE PROVISIONS

« Previous: APPENDIX B: MATRIX OF RESIDENTIAL REAL PROPERTY STATUTORY DISCLOSURE PROVISIONS
Page 54
Suggested Citation:"APPENDIX C: MATRIX OF STATE AIRPORT DISCLOSURE PROVISIONS." National Academies of Sciences, Engineering, and Medicine. 2012. Fair Disclosure and Airport Impact Statements in Real Estate Transfers. Washington, DC: The National Academies Press. doi: 10.17226/14604.
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Page 54

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55 APPENDIX C Matrix of State Airport Disclosure Provisions Requiring a seller to disclose an airport, an air- port influence area, or an airport safety zone in the vicinity of property offered for sale Ariz. Rev. Stat. Ann. § 28-8485 (2010) Cal. Civ. Code §§ 1353(a)(1) and 1353(a)(2) (West 2010) Haw. Rev. Stat. § 508D-15(a)(2) (2010) N.J. Stat. Ann. §§ 6:1-85.2, 16:62-3.1, and 45:22A-28(a) (2010) Requiring a state or political subdivision or a public airport to record a map of an airport influ- ence area Ariz. Rev. Stat. Ann. §§ 28-8485(B) and 28- 8486(B) (2010). Directing a state real estate commission to make a map available to the public showing the location of property near a public airport or requiring disclosure of an airport within a certain distance of an airport as determined by a real estate commission Ariz. Rev. Stat. Ann. § 28-8486(A) (2010) Ind. Code Ann. § 32-21-5-7(4) (Burns 2010) Stating that a buyer is deemed to have notice of a recorded map of airport influence area Ariz. Rev. Stat. Ann. § 28-8486(B) (2010) Requiring disclosure of military airports and flight operations or of a military Air Installation Compatible Use Zone Ariz. Rev. Stat §§ 28-8461(9), 28-8481(H), and 28-8484(E) (2010) Haw. Rev. Stat. § 508D-15(a)(3) (2010) Md. Code Ann., Real Prop. § 14-117(k)(2) (2010) Va. Code Ann. §§ 55-519.1, 55-520(c), and 55-524(B)(2) (Michie 2010) Not requiring disclosure as long as a seller provides timely written notice of the availabil- ity and location of airport zoning regulations Minn. Stat. § 513.56, Subd. 3(c) (2010)

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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.

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