Airport Noise Litigation in the 21st Century: A Survey of Current Issues

More than 60 years ago, the Supreme Court recognized in Causby v. United States that property owners could recover damages for injuries caused by aircraft overflights, and 50 years ago the Court held in Griggs v. Allegheny County that airport operators were liable for such damages. From the very beginning, however, there has been considerable uncertainty about the underlying theory of liability. Although the cases spoke in terms of "a taking of property," it was not clear what property right was taken. Was it an interest in the land itself, or an interest in the airspace above the land? Or was liability based on a nuisance theory in which one was deprived of the right to peaceful enjoyment of property? In addition to making it difficult to determine whether there was any liability for particular overflights, the lack of a coherent theory of liability made it difficult for courts to address other issues, such as how to calculate damages or determine when the statute of limitations accrued. Despite the passage of time, courts have not found a consensus approach to addressing these fundamental issues. This article summarizes how courts address the fundamental question of liability and how courts address related issues, such as how to apply the statute of limitations, how to calculate damages (particularly in the face of rising and falling real estate markets), and how to reconcile federal law regarding aviation in general - and noise in particular - with established law on noise liability. The article also addresses other trends, such as the attempts to certify class actions, treatment of previously acquired aviation easements, and the effect of airport overlay zones. Finally, the article argues that courts should approach aircraft overflight cases as a potential taking of the land, and discard outmoded theories of trespass and nuisance.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/19347170
• Authors:
  • Pilsk, W Eric
• Publication Date: 2012

Language

• English

Media Info

• Media Type: Print
• Features: References;
• Pagination: pp 371-393
• Serial:
  • Issues in Aviation Law and Policy
  • Volume: 11
  • Issue Number: 3
  • Publisher: International Aviation Law Institute
  • ISSN: 1934-7170
  • Serial URL: https://las.depaul.edu/centers-and-institutes/chaddick-institute-for-metropolitan-development/research-and-publications/Pages/issues-aviation-law-policy.aspx

Subject/Index Terms

• TRT Terms: Aircraft noise; Airport noise; Airspace (Law); Flight paths; Landowners; Liability; Litigation; Quality of life
• Uncontrolled Terms: Property owners
• Subject Areas: Aviation; Environment; Law; I15: Environment;

Filing Info

• Accession Number: 01379157
• Record Type: Publication
• Files: TRIS
• Created Date: Jul 31 2012 10:21AM