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.