Welcome to the Future!
What is an airspace easement? an easement taken by an airport
What did this use of eminent domain give the airport? Access to the land beneath the airspace to trim trees
What legtislative issue emerged in the legal fight? The statute that provides for the Department of Transportation to take land for an airport but does not provide for the taking of land for an aviation easement (the easement for the air space above the land)
Which Governor’s race? Nevada
How is eminent domain being used as a campaign attack on the Democratic candidate?
New Mexico Governor Susanna Martinez (R) says eminent domain authority for a special district factored into her veto of an independent air authority to oversee development of the Roswell International Air Center.
Roswell Daily Record | Gov. Martinez defends air authority veto
Texas Attorney General Opinion Request: RQ-0219-KP
Requestor: Lyle Larson
Question the Attorney General Office is to answer: Does Chapter 75, Title 4 ofthe Civil Practice and Remedies Code apply to private property owners on whose property agro-tourism related private aircraft lands?
What’s the land use proposal causing the gaffaw? Napa County may have a June 5 ballot initiative that would ban personal-use heliports on rural Napa County properties.
What are the private property rights arguments? Limiting the use of property infringes on private property rights
What is the current status of personal heliports in Greater Napa? allows personal-use airports and heliports with a county use permit
Napa Valley Register | Napa County private heliport measure supporters turn in…
Illinois House Bill 4150 accomplishes two goals:
If a private entity is involved in the project the following 6 steps must occur:
Wharton area residents are reciving information on Comptroller Hegar’s legislative enacted Eminent Domain transperancy data base set to go online soon.
Wharton Journal Spectator | New law promotes transparency for eminent domain
Who is claiming a property right in a permit? Taxi drivers that hold a permit to service DFW are claiming a property right in the taxi permit for DFW
How did this argument emerge? The DFW airport board amended its rules on ground transportation. Thereafter, the taxis sued Uber and Lyft.
The response from the sharing economy? There is no vested proeprty right in a permit to operate at DFW
Who will decide this dispute? A Dallas County Court
Chicago O’Hare needed a new runway. To get land for the airport, the city used the treat of eminent domain.
The city assuaged the threat of eminent domain by “assuring residents that the construction “would not have a material impact upon their lives, property or neighborhoods.”
Residents filed suit alleging that