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.

Larry Dighera writes:

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:

It sounds like a good idea overall, but I worry a bit about the
right-of-flight provision ... isn't this an implicit validation of the notion
that property owners can control the flight of aircraft over their property?
Validating that principle would open a Pandora's box, given that it usurps the
authority of the FAA and the state to control the airspace.

As for the other provisions, they seem perfectly sound.

But who's responsible if no easement has been sought and granted from property
owners? Why should the airport suffer if an unscrupulous seller sells
property in the area without providing for the necessary easement?

I have to admit that I don't see why airports are such a big deal, anyway. I
used to live right under the approach path of a Class B and I never even
noticed any noise, although the retiree community down the street constantly
complained about this alleged noise.

--
Transpose mxsmanic and gmail to reach me by e-mail.

Mxsmanic wrote in
:

Larry Dighera writes:

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:

It sounds like a good idea overall, but I worry a bit about the
right-of-flight provision ..

Why, you don't fly, fjukkwit.


Bertie

In article ,
Larry Dighera wrote:

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:

The problem lies in the term "responsible."

What I have seen in past dealings , when I lived in California, was that
that term was missing. Real estate developers and companies are the
primary source of campaign funds, and airport land, in a developer's
eyes is a prime hunk of real estate, ripe for building houses and
shopping malls. They do not care about other public benefits of the
airport -- just its value to them as a butchered property.




http://www.ci.florence.or.us/citycod..._Use_Airport_Z
one.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...ation-easement
s.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.

On Sat, 05 May 2007 20:39:30 GMT, Orval Fairbairn
wrote in
:

In article ,
Larry Dighera wrote:

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:

The problem lies in the term "responsible."

What I have seen in past dealings , when I lived in California, was that
that term was missing. Real estate developers and companies are the
primary source of campaign funds, and airport land, in a developer's
eyes is a prime hunk of real estate, ripe for building houses and
shopping malls. They do not care about other public benefits of the
airport -- just its value to them as a butchered property.



If the seller fails to disclose the airport noise, he exposes himself
to legal liability. Unfortunately, the new owners would probably
rather whine about the noise, than litigate and relocate.

"Orval Fairbairn" wrote in message
news
In article ,
Larry Dighera wrote:

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:

The problem lies in the term "responsible."

What I have seen in past dealings , when I lived in California, was that
that term was missing. Real estate developers and companies are the
primary source of campaign funds, and airport land, in a developer's
eyes is a prime hunk of real estate, ripe for building houses and
shopping malls. They do not care about other public benefits of the
airport -- just its value to them as a butchered property.



I live in Burbank Ca very near KBUR.I had to sign the Avigation easement as
did everyone in the vicinity. However, the City of Burbank also paid to
upgrade all the homes in the area with double windows, new A/C units and
wall insulation to help with the noise level. Also, although NOT a
regulation, most carriers and pilots refrain from flying jets or other
relatively loud a/c between the hours of 10PM and 7AM. Seems to be a nice
arrangement although the a/c noise generally doesn't bother me at all. And
Southwest ( the major carrier at KBUR) has a lot of newer 737 that are so
quiet you can hardly hear them even if you're outside.

Vic