Avigation Easements

An avigation easement is an agreement protecting airspace above properties near an airport. Here is how a group of homeowners took action.

Recently, homeowners in Rock Creek, CO have filed a lawsuit claiming damages related to increased exposure to leaded fuel, decreased home values, and alleged violations of avigation easement agreements by the airport.

Avigation easements are agreements designed to protect the airspace above properties near an airport, typically preventing structures or uses that could interfere with flight safety. In this case, the dispute stems from the conflict between airport operations, ongoing since the 1960s, and the interests of residents who purchased property in proximity to the airport.

Efforts have been made in the past to address residents' concerns, including the formation of the Rocky Mountain Metropolitan Airport Community Noise Roundtable. However, the residents are still dissatisfied with the volume of airport operations, leading to an escalation of the issue, including legal battles.

Despite the vacated easements, neither the homeowners nor the airport have control over flight paths, noise, or aircraft emissions. Exclusive jurisdiction over such matters lies with the Federal Aviation Administration (FAA) and the Environmental Protection Agency (EPA). The FAA regulates airspace use, air traffic control, safety, and noise, while the EPA regulates aircraft emissions.

The outcome of the lawsuit may impact Jefferson County financially if successful, potentially leading to concerns about diverting funds from supporting the national aviation system.

Source

AOPA