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Avigation Easements: Obtaining Obstructions

for Clear Operations

Georgia Airports Association Spring WorkshopBrasstown Valley Resort, Young Harris, GA March 14, 2014Presented by Carla Sands and Lynn Green

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What is an Avigation Easement?

A conveyance of airspace over another property for use by the airport:

For over flight of a property and to place restrictions on the use and development of the underlying “servient” parcel.

Includes the right-of-flight of aircraft; the right to cause noise, dust, etc.; the right to remove all objects protruding into the airspace together with the right to prohibit future obstructions; and the right of ingress/egress on the land to exercise the rights acquired.

Prevent incompatible development of land.

Shall “run with the land” (survives a sale or title transfer) and any future owners use of the servient parcel is restricted as described in the avigation easement.

Pre-existing liens and mortgages on a property shall be subordinated to the easement conveyed to the airport.

Shall be recorded and enforceable under state law. (Airport attorney will certify good title to FAA).

References: FAA AC 150/5100-17, FAA AC 150/ 5020(to be issued), PGL 08-02, Disposal of Noise Land

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Types of Avigation Easements

Easement Scope Property Rights Acquired Duration

Model Aviation and Hazard Easement

1. Right of flight at any altitude above acquired surfaces.

2. Right to cause noise, vibration, fumes, dust, fuel particles.

3. Prevent erection or growth of all objects above acquired surfaces.

4. Right of entry to remove, mark, or light any structures or growth above acquired surfaces.

5. Prohibit creation of electrical interference or directed lighting or glare from the property.

6. Others as necessary.

Until airport is abandoned

Limited Avigation Easement

1. Right of flight at any altitude above acquired services.

2. Prevent erection or growth of all objects above acquired surfaces.

3. Right of entry to remove, mark, or light any structures or growth above acquired surfaces.

Until airport is abandoned

Clearance Easement 1. Prevent erection or growth of all objects above acquired surfaces.

2. Right of entry to remove, mark, or light any structures or growth above acquired surfaces.

Until airport is abandoned

Reference: FAA AC 150/5100-17 CHG 6

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Approach Protection Acquisitions - Easements

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Approach/Departure Protection: AIP Handbook Par. 701 Easement Acquisitions 5000ft / Zoning Controls Beyond

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CFR Title 14 Part 77.13 states that any person/organization who intends to sponsorany of the following construction or alterations must notify the Administrator of theFAA:

• any construction or alteration exceeding 200 ft above ground level

• any construction or alteration:

– within 20,000 ft of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with at least one runway more than 3,200 ft

– within 10,000 ft of a public use or military airport which exceeds a 50:1 surface from any point on the runway of each airport with its longest runway no more than 3,200 ft

– within 5,000 ft of a public use heliport which exceeds a 25:1 surface

• any highway, railroad or other traverse way whose prescribed adjusted height would exceed the above noted standards

• when requested by the FAA

• any construction or alteration located on a public use airport or heliport regardless of height or location.

Local Building / Land Use Controls

Reference: FAA Obstruction Evaluation / Airport Airspace Analysis (OE/AAA)https://oeaaa.faa.gov/oeaaa/external/portal.jsp

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“Before and After” Appraisal MethodFMV Easement Acquired = Appraised Before Value – Appraised After Value

Before Value = Appraised FMV of the property prior to easement conveyance or considering any project market value affects. Existing location near the airport and existing noise exposure is considered in the before value.

After Value = Appraised FMV of the Property subject to the Easement restrictions and subject to project effects. Easement restrictions and the new noise exposure of any project development is considered.

Valuation Cases are: – Complex Appraisal Problem: Easement acquisition may affect the development potential

of the land.

– Simple Appraisal Problem: Clearly no effect over the current or highest and best use the property (e.g. easement over agricultural land with no development potential).

– Acquired for Noise compatibility: FMV of easement for an NCP may be shown to be nominal at best. As an option, mass appraisal techniques may be applied.

Fair Market Value Appraisal of Easements

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Sample Survey

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Sample Survey

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Sample Survey

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Sample Survey

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• Socioeconomic

• Class Action Litigation

• Rental Property

• Acquisition

• Real Estate Market

Easement Issues

AIRPORTS

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Easement Challenges

• Title Issues

• Valuation Dispute

• Simple vs. Complex Appraisal

• Residential vs. Commercial Property

• Local Zoning Ordinances

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Lessons Learned

• Educate your Agency Partners on the process.

• Get buy-in from Condemning Agency before process begins.

• Have Attorney identify all title issues up front and deal with them immediately.

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Lessons Learned

• Hold public meeting with affected

Property Owners to explain the

process.

• Make sure surveyor and engineer

clearly understand the scope of work

in order to create accurate airspace

drawing.

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• FAA AC 150/5100-17: Appraisal Requirements see par. 2-17Minimum Payment Negotiations, see par 3-9http://www.faa.gov/airports/resources/advisory_circulars/index.cfm/go/document.current/documentNumber/150_5100-17

• FAA AC 150/5020-2: Part 150 AC, under FAA final review • FAA AC 150/5300-13; Airport Design RPZ Requirements (Chapter 2)

http://www.faa.gov/documentLibrary/media/Advisory_Circular/150_5300_13.pdf

• FAA Compatible Land Use Advisory Circular, under development• FAA Airport Noise Compatibility Planning Tool Kit

http://www.faa.gov/about/office_org/headquarters_offices/apl/noise_emissions/planning_toolkit/

• FAA Central Region AIP Guide, Sample Easement see section 561http://www.faa.gov/airports/central/aip/sponsor_guide/

• Michigan DOT Aeronautics, Avigation Easement and RPZ resourceshttp://www.michigan.gov/aero/0,4533,7-145-60904-143177--,00.html

• ACRP Projects: http://www.trb.org/Publications/PubsACRPPublications.aspx ACRP 11-01, Study Topic 2-05, Achieving Airport Compatible Land Uses and Minimizing Hazardous Obstructions in Navigable Airspace

Status: Active

ACRP 11-01, Study Topic 2-03, Case Studies on Community Challenges to Airport Development Status: Final

ACRP 11-01, Study Topic 1-05, Responsibilities for Implementation and Enforcement of Airport Land-Use Zoning Restrictions

Status: Final

ACRP 11-01, Study Topic 1-03, Compilation/List of Airport Law ResourcesStatus: Final

ACRP Report 27, Enhancing Airport Land Use CompatibilityStatus: Final

Avigation Easement Resources / Guidance

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Carla Sands, Aviation Development Engineer Lynn Green, Director of Acquisition ServicesGDOT Aviation Programs THC, Inc.csands@dot.ga.gov lgreen@thcinc.net4047-631-1323 678.735.5196