Plea For The Trees ® Louisville,KY 40205
As part of the Bowman Field Safety Program, the LRAA may attempt to acquire an "avigation easement" from property owners. The link below identifies the easements that have been acquired around Bowman Field in the past.
An avigation easement is a legal document in which airport operators seek to have individual property owners convey rights to the use of airspace over their properties to the airport for the use of aircraft that take off or land at the airport. The concept is similar to that used by water, sewer, electrical power line, and pipeline companies when they acquire easements on properties to lay or erect a utility line. Airport operators will try to secure unrestricted and broad rights from the property owner, including the right to unrestricted noise, air pollution, dust, fumes, removal of trees and other objects, access to the land to cut or trim trees, and the like. An easement does not give "fee," or full ownership interest in the property, but it is a legally binding restriction that applies to all current and future property owners as well (until the airport is ultimately closed). Easements are acquired either through voluntary negotiation or through condemnation. Airport operators must pay for the easement and conduct a "before" and "after" appraisal to determine the value of the easement proposed to be acquired.
An attorney of your own choice should always be consulted before signing any legal document, including avigation easements. We will post more information on avigation easements as the Bowman Field Safety Program progresses. In a Feb. 29, 2012 letter (see below) to the Kentucky Resources Council, Phil Lynch, LRAA Board Chairman, committed the LRAA to completion of the required federal environmental and historic landscape studies before the Authority attempts to acquire avigation easements. If the LRAA, or any party working for the LRAA, approaches you to acquire an avigation easement before completion of those studies and review and approval of the studies by the FAA, they would be in violation of the National Environmental Policy Act and Section 106 of the National Historic Preservation Act, and subject to an action for injunctive relief.
More information on avigation easements:
Leslie Barras Letter to Advisory Council on Historic Preservation (addresses historic properties and avigation easement issues in Audubon Park, similar to issues to be faced by neighborhoods surrounding Bowman Field). Barras Letter 09-21-12 Interim State Historic Preservation Officer Lindy Casebier writes to FAA that avigation easements required in Audubon Park are an "unnecessary emcumberance that devalues properties in the historic district over time" and pose an "adverse effect within the meaning of Section 106 of the NHPA (similar to issues faced by neighborhoods surrounding Bowman Field). (See: SHPA Letter 09-10-12.)
LRAA Commitment To Not Acquire Avigation Easements Until Required Studies Done
Interactive/Properties with Air Easements
Interactive Map/Bowman Field Expanded Zone of Protected Space
These trees, utility pole and billboard at the intersection of Taylorsville Road and Pee Wee Reese Road are all way above the LRAA proposed 25' limit at this distance from the runway.