Avigation Easements - Georgia Airports Association

Report
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
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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
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Types of Avigation Easements
Easement Scope
Property Rights Acquired
Model Aviation and Hazard
Easement
1.
Right of flight at any altitude above acquired surfaces.
2.
Right to cause noise, vibration, fumes, dust, fuel particles.
3.
Prevent erection or growth of all objects above acquired
surfaces.
4.
Right of entry to remove, mark, or light any structures or
growth above acquired surfaces.
5.
Prohibit creation of electrical interference or directed
lighting or glare from the property.
6.
Others as necessary.
1.
Right of flight at any altitude above acquired services.
2.
Prevent erection or growth of all objects above acquired
surfaces.
3.
Right of entry to remove, mark, or light any structures or
growth above acquired surfaces.
1.
Prevent erection or growth of all objects above acquired
surfaces.
2.
Right of entry to remove, mark, or light any structures or
growth above acquired surfaces.
Limited Avigation Easement
Clearance Easement
Duration
Until airport is
abandoned
Until airport is
abandoned
Until airport is
abandoned
Reference: FAA AC 150/5100-17 CHG 6
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Approach Protection Acquisitions - Easements
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Approach/Departure Protection: AIP Handbook Par. 701
Easement Acquisitions 5000ft / Zoning Controls Beyond
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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
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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.
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Sample Survey
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Sample Survey
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Sample Survey
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Sample Survey
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Easement Issues
• Socioeconomic
• Class Action Litigation
• Rental Property
• Acquisition
• Real Estate Market
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Easement Challenges
• Title Issues
• Valuation Dispute
• Simple vs. Complex Appraisal
• Residential vs. Commercial Property
• Local Zoning Ordinances
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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.
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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.
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Avigation Easement Resources / Guidance
•
FAA AC 150/5100-17: Appraisal Requirements see par. 2-17
Minimum Payment Negotiations, see par 3-9
http://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 Kit
http://www.faa.gov/about/office_org/headquarters_offices/apl/noise_emissions/planning_toolkit/
•
FAA Central Region AIP Guide, Sample Easement see section 561
http://www.faa.gov/airports/central/aip/sponsor_guide/
•
Michigan DOT Aeronautics, Avigation Easement and RPZ resources
http://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
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Carla Sands, Aviation Development Engineer
GDOT Aviation Programs
Lynn Green, Director of Acquisition Services
THC, Inc.
[email protected]
4047-631-1323
[email protected]
678.735.5196
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