Private air strip..... yes or no???

just an average Farlang... wrote:

Very true but what I am trying to address is where his rights on his
property end and where my rights on my property begin as it applies to
his plane taking off on his land and barely clearing a border fence
and his plane then affecting my rights

If he clears the fence, he's not necessarily affecting your rights. I
understand your concern about noise (and will address it momentarily),
but consider this: when somebody flies over at 1500 AGL, or 5000 AGL,
there's noise as well. When somebody drives a car past your property,
there's noise (sometimes considerable, depending on the type and
condition of the car). Motorcycles--ever heard a Harley? I ride a
Kawasaki for a reason, but I could ride a hog past your driveway every
morning and be completely within the law. Polite, no, but quite legal.

This is what is being discussed in circles without addressing the
issue. True, I don't know his intentions but in all my years of
experience concerns are better addressed before the event takes place
as legal presidence comes into play, example, In Idaho the first
farmer in the area has primary water rights and any and all people who
move in will shut down their water pumps if they cause the first owner
to run low on water out of his well.

I have not heard one reply in this thread commenting whether the
neighbor is allowed to do such a thing as he would be flying very low
over my property and below the minimum federally regulated altitude. I
realize this is during a take off or landing but the fact remains with
this amount of land it is not possible to take off or land without
using other people's land for his runway to be possible.
"Minimum Federally regulated altitude?" I assume the operation would be
under Part 91 (14 CFR 91); the relevant rule, then, would be 91.119,
which reads:



**Except when necessary for takeoff or landing**, no person may operate
an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency
landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or
settlement, or over any open air assembly of persons, an altitude of
1,000 feet above the highest obstacle within a horizontal radius of
2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the
surface, except over open water or sparsely populated areas. In those
cases, the aircraft may not be operated closer than 500 feet to any
person, vessel, vehicle, or structure.

(d) Helicopters. Helicopters may be operated at less than the minimums
prescribed in paragraph (b) or (c) of this section if the operation is
conducted without hazard to persons or property on the surface. In
addition, each person operating a helicopter shall comply with any
routes or altitudes specifically prescribed for helicopters by the
Administrator.


[emphasis mine]

Please note the emphasis on the "Except when necessary for takeoff or
landing;" that clause gives authorization to operate at lower altitudes
for the purposes of takeoff and landing, which would likely be the use
of this proposed runway.

As far as noise goes, you're probably out of luck. Several court cases
(most notably US v. Causby and Griggs v. Allegheny County) have held
that aircraft noise does not constitute a "taking" of property unless it
makes the property completely unusable. I sincerely doubt that would be
the case here.

As you yourself have admitted, you don't know how the airstrip will be
used; you come across as somebody looking to cause problems before he
knows the facts. I don't presume to make that accusation against you, I
merely state that your posts convey such a feeling. Perhaps you ought
to contact your neighbor and find out more. As pilots, we all
understand the importance of working with the rest of the general public
to minimize problems and present a positive image of general aviation;
nobody wins if we're seen as an annoyance. I'm sure you'll find the
people in this group are more than happy to help you enjoy your
property, while at the same time granting your neighbor the same
courtesy, if you'll give them a fair chance with all the information.

--Dave

--
Dave Buckles

http://www.flight-instruction.com