Air rights

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Air rights

A privilege or right, protected by law, to build in, occupy, or otherwise use a portion of air space above real property at a stated elevation, in conjunction with specifically located spaces on the ground surface for the foundation and supporting columns.
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Avigation easements are easements to "allow aircraft to fly through a given airspace.
It is worth noting that, although takings of avigation easements for flight paths near airports often involve the payment of just compensation, the FAA has challenged wind turbines near airports on some occasions without offering compensation to landowners.
The airport's appraisal report indicates minimal reason to request an avigation easement since the appraiser could not show evidence of any adverse effect on the property either physically, functionally, or economically.
The owner's appraiser found the reason for the airport's interest in procuring an avigation easement over the subject property and other property located within the Ldn 65 footprint.
In this next example, an avigation easement is being offered because of noise.
With the property owner's complaint, the appraiser's personal experience with the noise, and the aviation department's documentation of the problem, an avigation easement is offered.
The majority of avigation easement problems apply to residential property.
Income-producing properties also generate revenues and/or benefit from their proximity to airports, which is no different from marine-oriented services that prefer proximity to major seaports Unless a safety obstacle must be overcome, these properties have no reason to contest or argue damages that relate to an avigation easement.
Motels are a major problem property and lead the field in filing inverse condemnation suits, either claiming substantial damages from an avigation easement or requesting a total taking.
My task is to answer the following questions: Is there a basis to compute damages based on the relinquishment of certain property rights through an avigation easement, and what would represent equitable compensation?
In summary, it is this appraiser's opinion that since there is no evidence of any adverse airport influence, it stands to reason that there is no basis or reason to request any form of avigation easement.