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

Chapter: APPENDIX D: SAMPLE AIRPORT DISCLOSURE STATEMENT

« Previous: APPENDIX C: MATRIX OF STATE AIRPORT DISCLOSURE PROVISIONS
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Suggested Citation:"APPENDIX D: SAMPLE AIRPORT DISCLOSURE STATEMENT." 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 55

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56 APPENDIX D SAMPLE AIRPORT DISCLOSURE STATEMENT The undersigned owner(s) of a lot in the subdivision known as , a Pima County subdivision re- corded in Book at Page of Maps and Plats, acknowledges that the property lies in proximity to Tucson Inter- national Airport and that the property is subject to aircraft overflight and noise that may be annoying or objectionable to some persons. Flight patterns within 5 nautical miles of Tucson International Airport (TIA) are controlled by the Fed- eral Aviation Administration (FAA) Air Traffic Control Tower (ATCT) according to rules and guidelines for maintaining aircraft separation. The ATCT at TIA is in operation 24 hours per day. According to FAA rules, except when necessary for takeoff and landing, aircraft may not fly below 1000 ft. above ground level in populated areas. While air traffic may be generalized into tracks, it is, by nature, dispersed. Aircraft may approach and depart the airports from any number of directions. Flight paths vary depending on a variety of factors in- cluding origin/destination, wind conditions and other aircraft in the traffic pattern. As a result, any property in the vicinity of an airport is likely to be subject to aircraft overflight and its impacts to some de- gree. As traffic approaches or departs from an airport, it is lower to the ground, more concentrated and more frequent. The area where air traffic converges as it approaches and departs the airport is repre- sented by the FAA Traffic Pattern Airspace. This area is shown on exhibit A, attached. Lower altitudes and more frequent activity increase the impacts of aircraft on the ground within this area. The most significant impacts occur within noise contours. Noise contours depict the area where average noise exposure over a 24 hour period is considered "significant" by FAA standards. Measures such as sound insulation of structures and land use planning to exclude noise sensitive uses are required to maintain compatibility within these areas. As explained, aircraft approach and depart the airport on dis- persed paths. As a result, a property that is outside established noise contours may still be impacted by the effects of periodic aircraft overflights. Flight patterns are apt to shift or change over time. Changes in operations may occur due to weather, changes in users, changes in aircraft type, military missions, weather conditions, etc. Similarly, TIA has a master plan that identifies plans for future expansion and development needs. These plans are up- dated every several years to respond to the needs of the aviation community. The undersigned acknowledges the Owner(s) is aware of these impacts and that the Tucson Airport Au- thority and all persons lawfully using the Airport have the right to operate aircraft in the airspace above and near the property. Dated this day of , 20 . Owner Owner

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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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