Are COVID-Related Stimulus Funds Partly Responsible for Uptick in Airport Takings?

Recently, I have observed increased activity involving small airport easement acquisitions, which may be attributable to the temporary elimination of local airport funding contributions.

I have extensive experience handling eminent domain cases involving the imposition of avigation easements. Avigation easements facilitate airport activities, including by allowing removal of trees, restriction on construction or activities involving the gathering of people, and prohibition of certain conduct deemed hazardous to airports like activities that attract birds or generate smoke. Recently, I have been contacted by property owners being subjected to takings for small, local airports.

This may be as result of a small aspect of the original COVID stimulus relief implemented last year. On this website, the FAA explains that the 2020 CARE Act “includes $10 billion in funds to be awarded as economic relief to eligible U.S. airports affected by the prevention of, preparation for, and response to the COVID-19 pandemic.” The FAA website explains that stimulus funds allow airports to avoid making contributions to the projects. “The CARES Act provides funds to increase the federal share to 100 percent for Airport Improvement Program (AIP) and supplemental discretionary grants already planned for fiscal year 2020. Under normal circumstances, AIP grant recipients contribute a matching percentage of the project costs. Providing this additional funding and eliminating the local share will allow critical safety and capacity projects to continue as planned regardless of airport sponsors’ current financial circumstances.” This map identifies distributions to multiple airports that are currently implementing takings, where I am representing property owners.

COVID resulted in a general stagnation in eminent domain projects that could be attributed to a number of issues, including the logistical difficulties of implementing a project when working remotely and funding concerns. My observations tell me that this may not be the case for airport projects.

If you have been approached about conveying an airport or any other taking, please feel free to contact me.