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Article: The Infamous Avigation Easement.
- Article from:
- Appraisal Journal
- Article date:
- October 1, 1999
- Author:
CopyrightCOPYRIGHT 1999 The Appraisal Institute. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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If there is one type of the bundle of rights taking that strikes fear into the hearts of property owners but, for some reason, matters little to the powers that be (condemnors), it's the avigation easement. Most easements are somewhat quiet in nature, usually benefiting the property in one way or another, and even though there is a rights taking, in reality nothing adversely affects the property as a whole. A power and light easement is a classic example. Without it there would be no electricity.
The avigation easement brings with it the threat of thundering planes, immense downfalls of soot and fuel leakage, shock waves that rattle pots and pans, restrictions on ...