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and may be upset; and further that, even if the method of measurement were supportable, any scheme for classifying areas of property on the basis of noise acceptability for purposes of governmental regulation would have to be scientifically supportable before a court of law.

The foregoing caution relates, of course, to the "gray areas" -- to the question of how far out from the clear zones the power to zone and the power to condemn property may be exercised. It would seem that, regardless of methods of measurement of noise or community reactions, the courts would uphold prohibitions of noncompatible uses in the most seriously affected areas -- i.e., those directly under flight paths at the ends of clear zones -- where the Federal Courts would hold property to have been "taken" if already subject to a noncompatible use. /99 Similarly, even though the risk of a crashed on landing or takeoff is so slight, /100 that slight risk, when taken together with interferences caused by noise, makes it likely that a governmental ban on the new construction of schools, churches, hospitals, and other places of public assembly would be upheld in more extended areas.

B. The Present State of the Law in the United States as to the Extent to Which Property Must Be Acquired.

The Federal Constitution of the United States and the Constitutions of 49 of the 50 States forbid the "taking"

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