Title 49TransportationRelease 119-73

§47506 Limitations on recovering damages for noise

Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART B— - AIRPORT DEVELOPMENT AND NOISE › Chapter CHAPTER 475— - NOISE › Subchapter SUBCHAPTER I— - NOISE ABATEMENT › § 47506

Last updated Apr 6, 2026|Official source

Summary

People who buy property after February 18, 1980 near an airport that filed a noise exposure map can only get money for noise if they knew (or should have known) about the map and, after they bought the property, there was a major change in the airport that caused the noise. The change can be a big shift in how often or what kinds of planes use the airport, a change in the airport layout, a change in flight paths, or more nighttime flights, and the harm must come from that change. A buyer is treated as knowing about the map at least if the map was announced in a county newspaper at least three times before the purchase, or if the buyer was given a copy of the map when buying.

Full Legal Text

Title 49, §47506

Transportation — Source: USLM XML via OLRC

(a)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 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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4750649 App.:2107.Feb. 18, 1980, Pub. L. 96–193, § 107, 94 Stat. 53. In subsection (a)(2), the words “for which recovery is sought have” are omitted as surplus.

Reference

Citations & Metadata

Citation

49 U.S.C. § 47506

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73