An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Montana Aviation and Hazard Easement refers to a legal agreement that grants the rights to use and access airspace above a specific property while mitigating potential hazards and risks associated with aviation activities. This easement ensures that landowners are compensated for any inconvenience or potential harm caused by aircraft operations in the airspace above their land. Aviation, derived from "aviation" and "navigation," involves the safe movement of aircraft in airspace, while hazard easements focus on the potential risks and dangers associated with aviation activities. These easements play a crucial role in promoting the overall safety and efficiency of aviation operations in Montana. There are several types of Montana Aviation and Hazard Easements, each varying in terms of purpose and scope. These include: 1. Aviation Easements: These easements allow aviation authorities, airports, or aircraft operators to utilize the airspace above a property for essential aviation activities, such as take-offs, landings, and flight paths. They provide permissions to overfly the land and conduct necessary operations related to aviation while ensuring property owners are compensated for any potential disturbances or inconveniences. 2. Hazard Easements: These easements focus primarily on mitigating potential hazards associated with aviation activities. They typically involve limiting or restricting certain types of development or land uses within specified areas near airports or flight paths. Their purpose is to protect public safety and prevent accidents or hazards resulting from incompatible land use near aviation facilities. 3. Noise Easements: This type of easement specifically addresses noise pollution caused by aviation activities. It aims to minimize the impact of aircraft noise on neighboring properties and communities. Noise easements can include provisions such as specifying noise limits, restricting certain flight operations during specific hours, or requiring sound insulation in affected buildings. 4. Zoning Restrictions: While not technically easements, zoning regulations can also form a part of aviation and hazard control. These regulations define the type of land use and development allowed in specific areas near airports or flight paths. They can include restrictions on building heights, density, or specific uses to ensure the safety, efficiency, and compatibility of land use in aviation-sensitive zones. Montana Aviation and Hazard Easements are vital for promoting safe aviation operations while addressing potential hazards and community concerns. These agreements strike a balance between aviation needs and the rights of property owners, ensuring fair compensation and protection against adverse impacts associated with aviation activities.
