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Not for Sale

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OCR for page 135
Land Use Management Techniques for Noise Abatement 135 Voluntary Acquisition/Relocation Assistance Program (Providence, RI) (182) 9-6 FAA Order 5100.37B Land Acquisition and Relocation Assistance for Airport Projects (183) 9-7 Acquisition of Noise and Overflight Easements Purpose: A noise or overflight (avigation) easement may be purchased by the airport on prop- erties that are noise-impacted, but will not be mitigated through other means. It grants permis- sion to the airport for aircraft to fly over the property while using the airport, and in most cases to make noise of a given level or less. A noise easement transfers with any change of property ownership. Easement purchase programs may be designed for homeowners who are either not eligible for other mitigation programs or choose to not participate. Purchase of easements allows current land use to remain in effect and maintains local tax rolls. Limitations: The value of easements is often nominal unless individual appraisals are under- taken, which can be costly. The purchase of an aviation easement without a sound insulation program does not `mitigate' the property; it only `mitigates' the existing property owner for exist- ing impacts and often does not change public attitudes to the airport, particularly in regard to growth or airport expansion issues. Theoretically, the value of the easement contributes to a dis- counted future value of the property on its sale. Implemented by: Airports, with or without funding assistance by the FAA. Public reaction: The public generally perceives the purchase of an aviation easement as a jus- tifiable reward for accepting the nuisance of continuous aircraft noise effects. Example of technique for public information: Sample Avigation Easement (Raleigh, NC) (184) 9-8 Deed of Easement and Declaration of Protective Covenants (Columbus, OH) (185) 9-9 Deed of Easement (Sound Insulation Program) (Cincinnati, OH) (186) 9-10 Noise and Avigation Easement and Covenant Not to Sue (Scottsdale, AZ) (187) 9-11 Waiver of Claim Purpose: A waiver of claim is similar to an easement in that the property owner forfeits the right to any claims that may be made as the result of nuisance imposed by aircraft noise. Also known as "non-suit covenants" or "hold harmless agreements", they are legal instruments usually incor- porated into an avigation or noise easement. They document that the owner has agreed not to sue the airport over noise issues, in exchange for monetary compensation or some other benefit. They are normally carried on the deed of property as a restrictive covenant accompanying an avigation easement. Limitations: As with easements, the value of a waiver of claim is difficult to determine and may be settled as a percentage of the assessed or appraised value of the property. Further, a waiver of claim does not `mitigate' the property, but rather `mitigates' the property owner through compen- sation or a discounted sale price on the property when transferred. It generally mitigates for exist- ing or forecast impacts and often does not change public attitudes to the airport, particularly in regard to growth or airport expansion issues.