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.
Pennsylvania Aviation and Hazard Easement — A Comprehensive Overview In Pennsylvania, aviation and hazard easements serve as crucial legal tools aimed at managing and addressing aviation-related risks and hazards associated with airfields, airports, and surrounding airspace. These easements enable airport authorities and aviation authorities to maintain safety measures, protect public welfare, and prevent potential conflicts between aviation operations and nearby properties. Pennsylvania Aviation Easements: 1. Definition and Purpose: Aviation easements, sometimes referred to as flight easements, are legal agreements granted by property owners to aviation authorities or airport operators, allowing the latter to use the airspace above the property for flight operations. The purpose of aviation easements is to protect aviation activities, ensure safety in aircraft movement, and shield both pilots and property owners from potential legal disputes. 2. Scope and Key Provisions: Aviation easements define the rights and limitations imposed on property owners within the designated easement area. Key provisions may include constraints on building heights, vegetation growth, outdoor lighting, or any other potential obstructions that might endanger aircraft safety. Property owners typically retain their ownership rights, but the easement restricts certain activities to ensure safe passage for low-flying aircraft. 3. Hazard Aviation Easements: Hazard aviation easements are a specific type of aviation easement. They are applicable to locations within the vicinity of airports or airfields where potential hazards exist, such as noise, vibration, electromagnetic radiation, and the risk of objects falling from aircraft. These easements provide for additional protections and considerations related to these specific hazards and ensure landowners are compensated or suitably mitigated for any adverse impacts they experience as a result. 4. Acquisition and Compensation: Aviation easements, including hazard aviation easements, are usually acquired through voluntary negotiations between airport authorities and affected property owners. However, if an agreement cannot be reached, Pennsylvania state law empowers airport authorities to exercise eminent domain to acquire the needed easements. In such cases, just compensation is provided to the property owner in accordance with applicable laws. 5. Importance and Benefits: Pennsylvania aviation easements benefit both the aviation industry and property owners. For airports, these easements secure uninterrupted airspace for flight operations, maintaining safety standards and optimizing flight paths. Property owners, on the other hand, benefit from restrictions on certain land uses, as well as potential compensation for any adverse impacts they may endure. Pennsylvania Hazard Easements: In addition to aviation easements, Pennsylvania specifically addresses the need for hazard easements to mitigate the risks of hazardous zones or areas surrounding airports and airfields. Hazard easements aim to safeguard the public from potential accidents, including those arising from aircraft-related activities, fuel storage, or other airport-based hazards. Hazard easements establish specific buffer zones or setbacks around airports and airfields, limiting the type of land use and development permitted in these areas. They aim to ensure public safety and protect property owners from potential hazards, including noise, fuel spills, and the risk of accidents. In conclusion, Pennsylvania aviation and hazard easements play a pivotal role in maintaining aviation safety and managing potential hazards associated with airports and airfields. Understanding the different types of easements and their implications is vital for airport operators, aviation authorities, and property owners to ensure peaceful coexistence and safe environments.
