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Pages 17-18

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From page 17...
... EFFECT OF NOISE STUDIES AND CONTOUR MAPS ON CLAIMS FOR AIRPORT NOISE DAMAGES A Introduction Because the Typical Fair Airport Disclosure Act Provisions in Section VI use the terms noise exposure map and AICUZ to define residential real property in the vicinity of an airport, the effect of those terms is discussed briefly in this part of the d i g e s t .
From page 18...
... The AICUZ is a concept of identifying compatible and incompatible land use around an air station, the purpose being to guide compatible private development through the cooperation with local jurisdictions in order to minimize public exposure to aircraft noise and accident potential, while at the same time maintaining the operational capability of the station.194 An AICUZ for a military air installation consists of land areas where certain uses may obstruct or otherwise be hazardous to aircraft operations and land uses in the vicinity that are exposed to the health, safety, or welfare hazards of aircraft operations.195 The regulations direct that as part of an AICUZ study, contours for noise zones must be plotted on maps.196 Furthermore, land use compatibility guidelines are specified for each Clear Zone, Accident Potential Zone, Noise Zone, or combination thereof as appropriate.197 The first priority is given to safety and noise problems.198 AICUZ studies have led to inverse condemnation claims by property owners. In Branning, supra, the court held that there had been a taking of the plaintiff's property because low-level flights rendered "the property clearly unacceptable for normal residential use."199 The AICUZ study showed that part of the plaintiff's property was in the Composite Noise Rating (CNR)


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