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6 B.5. North Carolina tained at the office of the county recorder where the zoned In North Carolina, the North Carolina Real Estate area is located.39 Commission is charged with developing and requiring the use of a standard residential real property disclo- D. Disclosure of Property Affected by Airport sure statement.32 A disclosure must include "notice from Noise any governmental agency affecting this real prop- erty...."33 Although the section is not specific regarding D.1. Alaska the disclosure of an airport or airport noise, the Ra- In Alaska, a residential real estate disclosure form leigh-Durham Airport Authority (RDU) in North Caro- must inform a buyer that it is a buyer's responsibility to lina has taken the position that "[n]oise disclosure is determine whether there are "vibrations, noise [or] the necessary for resale of homes located within the noise- operation of machinery including aircraft" in the vicin- impacted area designated by the RDU Composite Noise ity of a property that is the subject of a buyer's potential Contour Map...."34 Thus, as a government agency the real estate transaction.40 RDU has "notified property owners within the noise- impacted area by mailing an Aircraft Noise Notification D.2. Nevada to them."35 The RDU also states that recent homebuyers Chapter 645 of the Nevada code is applicable to real should have been informed about noise disclosure by estate brokers and salespersons. Section 645.252 re- the previous homeowner.36 quires that a real estate broker or salesperson disclose to each party to a real estate transaction "[a]ny mate- C. Disclosure of Property in the Proximity or rial and relevant facts, data or information" either Within a Certain Distance of an Airport known or that should have been known by the exercise of reasonable care to a broker or salesperson affecting a C1. Indiana property that is the subject of a real estate transac- In Indiana, an owner must disclose "that an airport tion.41 As noted by the Clark County (Nevada) Planning is located within a geographical distance from the prop- Commission, "neither local nor state law currently ex- erty as determined by the Indiana Real Estate Com- plicitly requires that homebuyers be informed regard- mission. The Commission may consider the differences ing the effect of aircraft noise on a property."42 Never- between an airport serving commercial airlines and an theless, Clark County "[h]istorically has required noise airport that does not serve commercial airlines in disclosure to inform homebuyers of the fact that they determining the distance to be disclosed."37 should anticipate airport related noise for many pro- jects that are significantly impacted by high levels of C2. Michigan aircraft noise on a case-by-case basis."43 The Commis- Michigan requires a seller to disclose that residential sion recommends that with respect to proposed devel- property is in the "proximity" of an airport, as well as to opments, including those near McCarran International disclose other enumerated off-site conditions.38 Airport, "that approval be subject to the real- tor/developer...informing prospective buyers of the ex- C3. Minnesota isting and forecasted noise exposure for the area."44 Minnesota's approach is somewhat different. A D.3. Tennessee seller has no duty to disclose information regarding air- port zoning regulations if the seller, in a timely manner, In Tennessee, a residential real property disclosure provides a written notice that a copy of the airport form must alert a buyer to "neighborhood noise prob- zoning regulations as adopted can be reviewed or ob- lems," but the required disclosure is not specific regard- ing the presence of airports or aircraft noise.45 E. Disclosure of Military Airports A few of the current disclosure acts apply to prop- 32 N.C. GEN. STAT. 47E-4(b). erty near a military airport. 33 Id. 47E-4(b)(5). 34 RDU Aircraft Noise Program, available at http://www.rduaircraftnoise.com/home/tips.html, last accessed 39 on July 7, 2011. MINN. STAT. 513.56, Subd. 3(c) (2010). 40 35 Id. ALASKA STAT. 34.70.050. 41 36 Id. NEV. REV. STAT. 645.252 (2010). 42 37 IND. CODE ANN. 32-21-5-7(4) (Burns 2010). See Clark County Airport Environs Report 5 (2007), available Indiana Real Estate Commission, Laws and Regulations at http://www.clarkcountynv.gov/Depts/comprehensive_ (2008), available at http://lms.recp.org/pdfs/IREC.2008_ planning/advanced_planning/Documents/AirportEnvirons EDITION.pdf. Report.pdf , last accessed on July 7, 2011. 43 38 MICH. COMP. LAWS 565.957, 7 (2010) (requiring that Id. 44 a seller disclose a property's proximity to a landfill, airport, or Id. 45 shooting range). TENN. CODE ANN. 66-5-210.