Which Came First, the Santa Monica Airport, Or Those Who Chose To Build Their Homes Adjacent To It?

On Sat, 05 May 2007 08:36:48 +0200, Mxsmanic
wrote in :

Is there any airport anywhere with _arriviste_ neighbors who _don't_ complain
about the noise?

Responsible real estate sellers and developers disclose the
environmental impact of the airport, and require the buyer grant an
Avigation Easement as a condition of the sale. And responsible
municipalities do the same:


http://www.ci.florence.or.us/citycod...rport_Zone.pdf
10-21-2-11: AVIGATION EASEMENT: Within this overlay zone, the
owners of properties that are the subjects of applications for
land use or limited land use decisions, for building permits for
new residential, commercial, industrial, institutional or
recreational buildings or structures intended for inhabitation or
occupancy by humans or animals, or for expansions of such
buildings or structures by the lesser of 50% FLORENCE CITY CODE
TITLE 10 9 PUBLIC USE AIRPORT ZONE. 10-21 or 1000 square feet,
shall, as a condition of obtaining such approval or permits,
dedicate an avigation easement to the airport sponsor. The
avigation easement shall be in a form acceptable to the airport
sponsor and shall be signed and recorded in the deed records of
the County. The avigation easement shall allow unobstructed
passage for aircraft and ensure safety and use of the airport for
the public. Property owners or their representatives are
responsible for providing the recorded instrument prior to
issuance of building permits.




http://www.dot.wisconsin.gov/library...-easements.pdf
What is an avigation easement?

It is a property right acquired from a land owner that grants the
right-of-flight; the right to cause noise, dust, etc., related to
aircraft flight; the right to restrict or prohibit certain lights,
electromagnetic signals and bird-attracting land uses; the right
to unobstructed airspace over the property above a specified
height and the right of ingress/egress upon the land to exercise
those rights.



Apparently the Environmental Protection Agency/FAA also use aerial
easements:

http://www.epa.gov/fedrgstr/EPA-GENE...-21/g22103.htm
SUPPLEMENTARY INFORMATION: This notice announces that the FAA is
reviewing a proposed amendment to the approved noise compatibility
program for Greater Pittsburgh International Airport which will be
approved or disapproved on or before February 13, 1998. This
notice also announces the availability of this program for public
review and comment. The proposed amendment to the sole remedial
land use measure included in the approved noise compatibility
program (a voluntary sound insulation program) is to allow persons
willing to convey an aerial easement to the County to elect either
to participate in the sound insulation program or receive cash
compensation. The amendment also will eliminate the requirement
that participants in the program be non-litigants. Litigants will
then be permitted to participate in the program and receive sound
insulation or cash compensation and related fees in exchange for
the conveyance of an aerial easement.