"Airport Land Use: Home sellers can conceal airport proximity, Florida panel recommends"

["Stephen Irwin" <stepheni@xxxxxxxxxxxxxxxxxxxxxx>]

Friday, March 23, 2007

Home sellers can conceal airport proximity, panel recommends
By Jason Schultz
The Palm Beach (FL) Post


STUART - Homeowners around Witham Field should not have to tell prospective
buyers of their homes that they live near the airport, the Martin County
Noise Advisory Committee recommended Thursday.

"Disclosure is really intended to punish those living here now," said Don
Fogt, one of several residents at the meeting who opposed a recommendation
from consultants to require the airport's proximity be disclosed.
 
"It won't do anything to fix the noise problem. All it will do is continue
to affect our property values," he said.

No residents spoke out in favor of the disclosure requirement, and the
advisory committee unanimously recommended against it.

"You shouldn't have to disclose the proximity to the airport. It's obvious,"
said Bill Frondorf, a committee member who is also a real estate agent.
"Where do you draw the line?"

Jennifer Atkisson-Lovett, president of the Realtor Association of Martin
County, said real estate agents are now required to disclose only defects
with a piece of property that are not readily evident to the buyer.
Proximity to the airport is evident, she said.

Neighbors of Witham Field have complained about pollution and noise caused
by jets flying overhead, and several have sued the county.

Requiring disclosure or even publishing ads in local newspapers showing the
areas affected by noise could help the county defend itself if people who
were told about airport noise before they moved in later decide to sue, said
Lisa Waters, the consultant studying the airport's noise issues for the
county.

Disclosures also could discourage suits, Waters said. If the size of the
area affected by noise later expands, those in the new noise zone may have
claims against the county, she said.

But committee member and Stuart Commissioner Carol Waxler said she has a
problem with anything that takes away a resident's right to sue.

"That's part of our basic rights as U.S. citizens," Waxler said.

The county commission will have the final vote on whether to require
disclosures near the airport.

The committee also will make a recommendation at a later meeting on whether
Stuart and the county should change zoning laws to prohibit new homes around
the airport.

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