- Alaska Statutes.
- Title 34. Property
- Chapter 75. Noise Levels of Sport Shooting Facilities and Private Airport Facilities
- Section 10. Limitation On Actions Arising From Noise Level.
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. Noise Levels of Sport Shooting Facilities and Private Airport Facilities
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. Time Limitation On Nuisance Actions.
AS 34.75.010. Limitation On Actions Arising From Noise Level.
- (a) Notwithstanding AS 09.45.230
, AS 11.61.110
, and any other state or municipal law, except (b) of this section and except as may be otherwise provided by federal
law, a person may not bring a civil or criminal action against a person who operates or uses a sport shooting facility
or a private airport facility if the action arises out of the noise level resulting from the normal operation or use of
the facility and if the facility
- (1) was established or began operation before any noise control law applied to the facility; or
- (2) complies with the noise control laws that applied to the facility when the facility was established or began
- (b) The prohibition in (a) of this section does not apply to an action that arises out of
- (1) a contract;
- (2) a personal injury suffered by a person while on the premises of the facility; or
- (3) a substantial change in the use of the facility.
- (c) Except as may be otherwise provided by federal law, even if otherwise allowed by (a) and (b) of this section, a person
may not bring a nuisance action for noise level against a facility located in the vicinity of the person's property if
the facility was established before the person acquired the property, unless the facility substantially changes the use
of the facility after the person acquires the property.
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