3d 112, the acquiring agency sought to acquire an avigation easement
over a property adjacent to an airport.
In cases where an airport has continually operated for several years, a municipality could argue that it has a prescriptive avigation easement as a defense to a takings claim.
2d Aviation [section] 8 (2009) (noting that "[t]here is a conflict of authority as to whether an avigation easement may be obtained by prescription").
(233.) At least one case has applied a six year statute of limitations to preclude a takings claim for an avigation easement against the United States Government, with the six-year period beginning to toll when aircraft began flying over the subject property.
The property was subject to an earlier avigation easement
granted to the U.S.
The avigation easement brings with it the threat of thundering planes, immense downfalls of soot and fuel leakage, shock waves that rattle pots and pans, restrictions on home lighting, height limitations, perpetual and continuing rights to all air space and underlying ground to ensure the safe and continuing fight of all aircraft to fly over the property.
An owner is approached by a representative of the airport and asked to agree and sign an avigation easement document.
The Department intends to enter into a negotiated agreement for professional appraisal services to appraise fee simple interest: surface and subsurface, avigation easements
and three Native Allotment properties for the purpose of acquisitions by the department under eminent domain for the construction of an airport entitled Angoon Airport Project #SFAPT00086 in Angoon Alaska.
Tenders are invited for Project consists of planting trees and landscape plantings on several LRAA owned properties, Louisville Metro Public Right of Way and approximately 20 residentially owned properties that currently have avigation easements
with LRAA over Bowman Field landing approaches.
The purpose of this Request for Proposals (RFP) is to solicit sealed proposals to establish a contract through competitive negotiations for providing professional architectural and engineering (A&E) and project management services to include, land surveying, land acquisition, avigation easements
, environmental studies, grant administration, construction administration, and other related services for Hanover County Airport.
Under a separate project, the City will acquire avigation easements
from private property owners to allow for the removal of these trees.