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Old February 11th 04, 04:49 PM
Bill Denton
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I didn't make myself clear.

The purpose of hiring a lawyer is not necessarily to represent you at some
particular hearing. As the zoning commissioner noted, sometimes having a
lawyer representing you means you are simply screwing yourself.

The main purpose of hiring an attorney is to have him/her advise you as to
all of the avenues that may be open to you regarding this matter.

Sure, the zoning board may allow your neighbor to lay down a strip of
asphalt, but if there's a migratory bird range (or something) at the end of
the strip, your neighbor won't be flying any airplanes off of it.

So an attorney can advise you of all of the ways you can stop this thing,
whether you want to use them or not. And he would be able to help you
prepare the documents you would need to preserve your rights.

As I said, I don't like lawyers, but this is a time when you really need to
hire one. The $200 or so you would pay for a consultation would be money
well spent...





"just an average Farlang..." wrote in
message
news:bm9yaWtv.36a3367ae106408230a699a6630b24d0@107 6516792.nulluser.com...
Bill Denton wrote:

One of the most important things to do is immediately contact a

lawyer (and
I hate lawyers).


I don't believe this myself but I asked the zoning commissioner if I
would be allowed to have a lawyer represent me at the hearing and he
laughed and said if I did that he thought I would surely be voted
against. I don't know if it was a lawyer joke or the attitude of the
local people about having a lawyer address them.

(Thank you for your reply)

I don't remember the exact legal terms, but here's a layman's

explanation...

In some instances, if someone creates a nuisance, and you do not

contest
that nuisance immediately, you will never be able to contest that

nuisance.

So, while having a light plane fly over your house a couple of times

a week
might not bother you, the guy could theoretically suddenly decide to

start
running 20 747's a day out of his strip and you would not be able to

do
anything about it.

But if you act immediately, you can draft an agreement that would

let your
neighbor operate a certain number of flights per day/week/whatever

during
certain hours, and that's it. In this way you would be allowing your
neighbor reasonable use of his property while protecting your own

property
rights, and hopefully preserving your relationship with your

neighbor.

But you want to act on this immediately, as the game changes once

the first
airplane takes off or lands.

You might also want to check the FAR's, the FAA's website, and the

DOT's
website; I believe you'll find some information there.

"just an average Farlang..." wrote in
message

news:bm9yaWtv.2c49808e3f2f35f5431910160ea416b5@107 6505681.nulluser.com.
.
Can anyone tell me what criteria, rules, regulations a person

needs to
be
allowed to construct a private runway on his or her property. I

know
there
are many factors that are not presently known in this scenario but

I
can
try to input as much as I know.

My neighbor owns land that is 2600 feet wide. The elevation is

about
3000
feet and the hottest temperature is 91 degrees in the summer. The

land
is
located in Idaho. The prevailing winds position the optimal take

off
direction to be directly over my house about 1500 feet from the
property
line. I LOVE airplanes! I worked for Boeing (Lazy B) for the last
fifteen
years. I worked at Cessna in Witchita before that. I stop to watch
planes
take off and land. I LOVE PLANES!!! But what I don't love is

buying 500
acres to finally get some peace and quiet and then having some loud
plane
buzz my house at will. The person wanting to put in the runway has
money
to build a 3 floor nice house so I expect they will want to be
socialites
and invite all their friends to fly in for a barbacue on the

weekend.

I talked to planning and zoning and they don't even know what
prospective
planes will be flown there i.e. ultralites or larger planes that
require
longer runways. I would like to think it is being fair for me to
expect no
planes flying over my land below 500 feet whether taking off,

landing
or
pattern flying. I bought my land and paid for the use of each and

every
acre. If by putting in a runway on the edge of my property that

means
they
are helping themselves to a sort of "easement" flying a hundred

feet
or so
over my land that doesn't seem at all fair. I may wish to build a

barn,
corral animals (which might go crazy) penned up with planes buzzing
over
them.

Can I get some ideas on what is realistic?

I don't even know what a common length of runway is but a friend of
mine
told me using generic table calculations that a fully loaded small
plane
on a hot day could very well need a long take off and after lift
off ....
how long a distance til that plane gets to minimal required

elevation?


Yesterday I took a flying lesson with a chief piot and he told me a
small plane can lift off after about a thousand feet of runway and
then the maximum climb would be about 500 feet per minute. He

thought
for a plane to stay the necessaary elevation over my property the
pilot is required a total of no less than 4000 feet. The runway

will
be a dirt strip which also requires more distance.

any comments would be appreciated