The Benzie County Record Patriot Reports that the Frankfort Dow Memorial Airport is seeking additional property rights from multiple owners.
The Frankfort Dow Memorial Airport is currently seeking to acquire avigation rights from neighboring property owners. I am currently representing an owner who received a good faith offer and is heading toward a condemnation.
According to the Benzie County Record Patriot’s quote of Michael Frezell from the Michigan Department of Transportation, "the most recent inspection found that the airport failed to meet appropriate state licensing standards for obstruction clearance slopes below the threshold of a 20:1 slope.” "Generally, the trees are in the approach path to both runways."
This continues a trend that I discussed in another blog post discussing stimulus funding and increased airport acquisition activity.
Avigation easements can have significant effects on properties, depending on the use or potential use of the property and the restrictions included in the easements. For example, easements can restrict altering or expanding an existing use, require removal of trees that provide an aesthetic or screening benefit, and facilitate airport construction projects that bring aircraft lower to the ground above the property. Therefore, it is critical to retain counsel with experience in identifying and addressing these issues.
If you have encountered any eminent domain issues, please feel free to contact me.