
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC47506]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                           CHAPTER 475--NOISE
 
                      SUBCHAPTER I--NOISE ABATEMENT
 
Sec. 47506. Limitations on recovering damages for noise

    (a) General Limitations.--A person acquiring an interest in property 
after February 18, 1980, in an area surrounding an airport for which a 
noise exposure map has been submitted under section 47503 of this title 
and having actual or constructive knowledge of the existence of the map 
may recover damages for noise attributable to the airport only if, in 
addition to any other elements for recovery of damages, the person shows 
that--
        (1) after acquiring the interest, there was a significant--
            (A) change in the type or frequency of aircraft operations 
        at the airport;
            (B) change in the airport layout;
            (C) change in flight patterns; or
            (D) increase in nighttime operations; and

        (2) the damages resulted from the change or increase.

    (b) Constructive Knowledge.--Constructive knowledge of the existence 
of a map under subsection (a) of this section shall be imputed, at a 
minimum, to a person if--
        (1) before the person acquired the interest, notice of the 
    existence of the map was published at least 3 times in a newspaper 
    of general circulation in the county in which the property is 
    located; or
        (2) the person is given a copy of the map when acquiring the 
    interest.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1286.)

                                          Historical and Revision Notes
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           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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47506.................................  49 App.:2107.                    Feb. 1
8, 1980, Pub. L. 96-193, Sec.
                                                                          107, 
94 Stat. 53.
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    In subsection (a)(2), the words ``for which recovery is sought 
have'' are omitted as surplus.
