TRB's Airport Cooperative Research Program (ACRP) Legal Research Digest 10: Analysis of Federal Laws, Regulations, and Case Law Regarding Airport Proprietary Rights explores airport proprietary rights, including regulation of noise, other environmental matters, safety restrictions, leasing practices, congestion management, and other airport access limitations. The report examines relevant statutes, regulations, and case decisions determining the scope of airport proprietary rights - the rights within the owner's purview and those which have been determined to exceed the owner's authority.
The purpose of this book is to consider the neighbour conflict arising between airports and neighbouring owners of land, particularly with residential uses, as well as to assess the existing solutions applied to manage or resolve that conflict. The book explains why the neighbour conflict between the airport and landowners is of a particular kind and what legal instruments are applied to address it in an attempt to balance the interests of opposing parties. Readers will develop an understanding of how the law operates when damage is caused by a legal act of the government and what the limits of compensable loss are. In addition, the reader will discover the economic foundations of possible solutions and why not all market losses are legally compensable. Key features of this book include: a consideration of key legal concepts such as neighbour law, nuisance, protection of property, land use restrictions, liability, and compensation to inform a unique analysis of neighbour law in the context of conflict between airports and neighbouring landowners; practical guidance on an airport’s legal liability towards neighbouring landowners; a comparative analysis of airport’s liability, compensation claims, their scope and economic effects; a comparative overview of planning and environmental solutions applied in a variety of jurisdictions; a discussion of valuation methods and challenges when loss of property value is the measure of compensation. The Author’s intention is to promote conscious and civil relations among market participants, as opposed to opportunistic and speculative behaviour. This book is important reading for lawyers, academics, PhD students and postgraduate students dealing with land use regulations, environmental law, compulsory purchase, eminent domain and expropriation issues, compensation for property restrictions, as well as with aviation law and legal aspects of airport operations.
The digest summarizes state and federal stormwater regulations and jurisdictional authority for taking enforcement action against and imposing liability directly on airport owners related to tenant noncompliance issues. In addition, the digest also provides guidance for airport operators in enforcing tenant compliance with stormwater permit requirements.
This report discusses airport compatible land use requirements, the legal issues related to achieving airport compatible land use, and legal issues particular to eliminating hazardous obstructions to airspace. The report concludes by reviewing the major legal issues of concern in achieving airport-compatible land use. While general legal principles relevant to airport land use are well established, they are often applied on a case by case basis, particularly in the context of regulatory takings and inverse condemnation. This ad hoc analysis introduces, if not an element of unpredictability, at least some variation in the law by jurisdiction. The need for greater predictability highlights the significance of including airport zoning as part of comprehensive land use planning. This report should be helpful to airport administrators, attorneys, board members, financial officers, community members in the vicinity of airports, realtors, and city and county zoning officials.
