28-8484. Military airport disclosure; residential property

A. Any public report issued after December 31, 2001 pursuant to section 32-2183 or 32-2195.03 applicable to property that is located within territory in the vicinity of a military airport shall include the following statements:

1. That the property is located within territory in the vicinity of a military airport.

2. If the state real estate department has been provided the registry of information described in section 28-8483, that the state real estate department maintains a registry of information, including the maps of military flight operations provided by the military airport, pursuant to section 28-8483 and, if provided to the department, the map prepared by the military airport pursuant to subsection B of this section.

3. If the state real estate department has been provided the registry of information described in section 28-8483, that the information is available to the public on request.

B. Each military airport may provide the state real estate department and each political subdivision with territory in the vicinity of the military airport with a map that is in electronic form and that is eight and one-half inches by eleven inches in size showing the exterior boundaries of each territory in the vicinity of a military airport and the exterior boundaries of each high noise or accident potential zone. The state real estate department shall work closely with each military airport and political subdivisions with territory in the vicinity of a military airport as necessary to create a map that is visually useful in determining whether property is located in or outside of a territory in the vicinity of a military airport or in or outside of a high noise or accident potential zone. If there are changes to the map, the military airport shall notify the state real estate department and political subdivisions of the changes and shall provide a new map in electronic form. If a new map is provided, the department and the political subdivisions shall include the map in the registry of information maintained pursuant to section 28-8483. The map shall be included in public reports issued pursuant to section 32-2183 or 32-2195.03, and the map shall be available to the public on request.

C. For any lot reservation or conditional sale that occurs before the issuance of a public report, the disclosure statements listed in subsection A of this section shall be included within the reservation document or conditional sales contract.

D. This section does not require the amendment or reissuance of any public report issued on or before December 31, 2001 or the amendment or reissuance of any reservation document or conditional sales contract accepted on or before December 31, 2001.

E. From and after December 31, 2006, a seller of residential real estate shall provide a written disclosure to the purchaser if the property is located in territory in the vicinity of a military airport or ancillary military facility as delineated on a map prepared by the state land department pursuant to section 37-102 prior to the transfer of title. This subsection does not require additional disclosure by a seller of residential real estate that has already provided the disclosure in a public report pursuant to section 32-2183 or 32-2195.05.