At Tuesdays, zoning law committee meeting there was some discussion about where to measure noise.
Should noise be measured from a dwelling or from the property line?
At Thursdays,zoning committee meeting Clif Schneider reported that he had consulted with several acoustical engineers that supported taking noise measurements from the property line.
After a brief discussion, the committee came to a consensus that sound should be measured from the property line.
The core issue for taking the measurements from the property line involves the “taking of one’s property.” Measuring noise from a dwelling restricts the use of one’s property and is tantamount to expropriation “the taking of one’s property.”
Additionally, this may be a violation of the Fifth Amendment as well. Most of the liberties set forth in the Bill of Rights were made applicable to state governments through the U.S. Supreme Court's interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
As a result, all states must provide protection against deprivation of due process, and government taking of private property without just compensation.
It could be reasonably argued that if the decision to measure noise from a residence were written into the local law, then the Town government would be the culpable party in the taking of the property. irrespective of source from which the noise is generated.