Title 49 — TransportationRelease 119-73not60
§47527 Liability of the United States Government for Noise Damages
Title 49 › Subtitle SUBTITLE VII— AVIATION PROGRAMS › Part B— AIRPORT DEVELOPMENT AND NOISE › Chapter 475— NOISE › Subchapter II— NATIONAL AVIATION NOISE POLICY › § 47527
Summary
If the government rejects a proposed airport rule that would limit noise or change access, it is only responsible for paying noise damages when that rejection directly causes a legal taking. Any lawsuit about these damages must be brought only in the United States Court of Federal Claims.
Full Legal Text
Title 49, §47527
Transportation — Source: USLM XML via OLRC
When a proposed airport noise or access restriction is disapproved under this subchapter, the United States Government shall assume liability for noise damages only to the extent that a taking has occurred as a direct result of the disapproval. The United States Court of Federal Claims has exclusive jurisdiction of a civil action under this section.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 4752749 App.:2155.Nov. 5, 1990, Pub. L. 101–508, § 9306, 104 Stat. 1388–382. The words “under this subchapter” are added for clarity. The words “has exclusive jurisdiction of a civil action under this section” are substituted for “Action for the resolution of such a case shall be brought solely in” for clarity and consistency. The words “Court of Federal Claims” are substituted for “Claims Court” to reflect the
Change of Name
of the Court by section 902(b) of the Federal Courts Administration Act of 1992 (Public Law 102–572, 106 Stat. 4516).
Reference
Citations & Metadata
Citation
49 U.S.C. § 47527
Title 49 — Transportation
Last Updated
Apr 5, 2026
Release point: 119-73not60