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Avigation Easements: Obtaining Obstructions for Clear Operations. Georgia Airports Association  Spring Workshop Brasstown Valley Resort, Young Harris, GA  March 14, 2014 Presented by Carla Sands and Lynn Green. Improving Your Community. What is an Avigation Easement?.

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slide1
Avigation Easements: Obtaining Obstructions

for Clear Operations

Georgia Airports AssociationSpring Workshop

Brasstown Valley Resort, Young Harris, GA March 14, 2014

Presented by Carla Sands and Lynn Green

slide2
Improving Your Community

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
slide3
Types of Avigation Easements

Reference: FAA AC 150/5100-17 CHG 6

slide4
Improving Your Community

Approach Protection Acquisitions - Easements

slide5
Improving Your Community

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

slide6
Improving Your Community

Local Building / Land Use Controls

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

Reference: FAA Obstruction Evaluation / Airport Airspace Analysis (OE/AAA)

https://oeaaa.faa.gov/oeaaa/external/portal.jsp

slide7
Improving Your Community

Fair Market Value Appraisal of Easements

“Before and After” Appraisal Method

FMV 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.
slide13
Improving Your Community

Easement Issues

  • Socioeconomic
  • Class Action Litigation
  • Rental Property
  • Acquisition
  • Real Estate Market

AIRPORTS

slide14
Easement Challenges
  • Title Issues
  • Valuation Dispute
  • Simple vs. Complex Appraisal
  • Residential vs. Commercial Property
  • Local Zoning Ordinances
slide15
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.
slide16
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.
slide17
Avigation Easement Resources / Guidance
  • 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 Kithttp://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 Resources Status: Final
  • ACRP Report 27, Enhancing Airport Land Use Compatibility
  • Status: Final
slide18
JOE’s

Tree Trimming Service

Carla Sands, Aviation Development Engineer Lynn Green, Director of Acquisition Services

GDOT Aviation Programs THC, Inc.

[email protected]@thcinc.net

4047-631-1323 678.735.5196

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