32-2183.05. Military training route disclosure; military electronics range disclosure; residential property

A. Any public report that is issued after December 31, 2004 pursuant to section 32-2183 or 32-2195.03 and that is applicable to property located under a military training route, as delineated in the military training route map prepared by the state land department pursuant to section 37-102, and any public report that is issued after December 31, 2008 and that is applicable to property located in a military electronics range as delineated in the military electronics range map prepared by the state land department pursuant to section 37-102, shall include the following statements:

1. The property is located under a military training route or in a military electronics range.

2. The state land department and the state real estate department maintain military training route maps and military electronics range maps available to the public.

3. The military training route map and military electronics range map are posted on the state real estate department's website.

B. The public report prescribed by subsection A of this section may contain a disclaimer that the subdivider has no control over the military training routes as delineated in the military training route map or the timing or frequency of flights and associated levels of noise and has no control over the military electronics range and its testing and training operations.

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, 2004 that is applicable to property located under a military training route, as delineated in the military training route map prepared by the state land department pursuant to section 37-102 or on or before December 31, 2008 that is applicable to property located in a military electronics range, as delineated in the military electronics range map prepared by the state land department pursuant to section 37-102 or the amendment or reissuance of any reservation document or conditional sales contract accepted on or before December 31, 2004 or on or before December 31, 2008.

E. Notwithstanding any other law, if the public report complies with subsection A of this section, a subdivider is not liable to any person or governmental entity for any act or failure to act in connection with the disclosure of a military training route as delineated in the military training route map or a military electronics range as delineated in the military electronics range map.

F. This section shall not be construed to require a public report issued sixty or fewer days prior to the filing of the military electronics range map prepared pursuant to section 37-102 to meet the military electronics range notification requirements of this section.

G. A public report issued sixty-one or more days after the filing of the military electronics range map prepared pursuant to section 37-102 shall meet all of the requirements of subsection A of this section.