Category Archives: Avigation Easement
Avigation Easement
Avigation Easement
An easement is the right a property owner grants to another for a specific use of their property. This right is acquired through purchase or condemnation. An avigation easement is the right a public or private agency acquires to use the airspace above a specific height for the flight of aircraft.
What is an Avigation Easement?
According to Baker v. Burbank-Glendale-Pasadena Airport Authority (1990) case, an “avigation easement” is required “when the noise, vibration, fumes, fuel particles and inconvenience caused by low-flying aircraft interfere with the use and enjoyment of the underlying property…”
What is the purpose of an Avigation Easement?
An airport might like to acquire an avigation easement over neighboring properties to prevent construction of buildings and towers, planting of trees, installation of lighting, or any other development that might interfere with takeoff and landing of aircraft. An Avigation Easement also protects against liability of any other nuisance such as noise, fumes, and vibration that may interfere with the use and enjoyment of the property.
Height restrictions with an Avigation Easement
In City of Los Angeles v. Japan Air Lines Co., LTD. (1974), the court stated that federal regulations require jets and other large aircraft to be operated at an altitude of at least 1500 feet above terrian, yet currently the County of Orange in Southern California has no height restriction.
Noise Levels with an Avigation Easement
In Baker v. Burbank-Glendale-Pasadena Airport Authority (1990) it was determined that noise levels should not exceed 65 decibels.
How to Obtain an Avigation Easement
Although … Read the rest
Transportation Corridors
Transportation Corridors
A transportation corridor is a long, narrow strip of property that includes surface, subsurface, and air rights. It often connects two or more areas restricted to surface, subsurface, and air rights, for the deportation of goods and passengers.
Some examples of transportation corridors are: railroad and mass transit lines, public and private roads, pipelines, including oil, gas, water, and sewer lines, fiber optics, pedestrians pathways, aqueducts and canals, television cables, and electrical transmission lines.
How to Appraise a Transportation Corridor
There are different methods that can be used when appraising a transportation corridor, including Replacement Cost New Less Depreciation (RCNLD), Corridor Value (CV), Sales Comparison Approach, Across the Fence Value (ATF), Net Liquidation Value (NLV), and Going Concern Value (GCV). [1]
Replacement Cost New Less Depreciation (RCNLD) is based on the principle of substitution and is more commonly referred to as the “cost of assemblage.” It includes the cost of the part taken, appraisal costs, negations costs, title costs, grading costs, project management costs, and the acquisition and demolition of buildings. According to Dolman and Seymour, this cost can range from two to six times the Across the Fence (ATF) value. The Court of Appeals in People v. Southern Pacific Transportation Company (1978) held that “the cost of reproduction is an acceptable approach to a determination of just compensation.”
When several similar commensurate commodities, goods or services are available, the one with the lowest price attracts the greatest demand and the widest distribution. Corridor Value … Read the rest
