Title 49, TransportationRelease 119-110

§47506 Limitations on Recovering Damages for Noise

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

Last updated Sep 22, 2026|Official source

Summary

If you bought property after February 18, 1980 near an airport that had a filed noise map and you knew or should have known about that map, you can only get money for airport noise if you also prove that, after you bought the property, there was a significant change in aircraft operations, airport layout, flight patterns, or more nighttime flights, and your harm came from that change. You are treated as having known about the map if, before you bought the property, a notice about it ran at least 3 times in a county newspaper, or you were given a copy of the map when you bought.

Full Legal Text

Title 49, §47506

Transportation, Source: USLM XML via OLRC

(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.

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 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110