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"bush flying" in the suburbs?



 
 
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  #61  
Old December 9th 04, 03:14 PM
Rich S.
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"Casey Wilson" wrote in message
news:%vQtd.755$Qp.517@trnddc01...
(snip)
The old man and N2310D disappeared into the mountains somewhere between
Anchorage and North Way. Every time I drive into San Berdoo I remember
that night.


Wish I had known him. Thanks for sharing.

Rich S.


  #63  
Old December 9th 04, 06:11 PM
Peter Duniho
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"TaxSrv" wrote in message
...
Yes they do.


No, they don't.

[...] So if such a tower under 500' AGL poses a
hazard to aircraft for an adjoining private airfield, the rights of
the antenna owner's property may just be superior under common law.


That in no way alters the right of any aircraft to pass through that
airspace freely. The property owner does not "own" the airspace, and has no
privilege to prohibit other people from using it where it is not already
being occupied by something else, as suggested by the person to whom I was
replying.

Pete


  #64  
Old December 9th 04, 08:06 PM
TaxSrv
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"Peter Duniho" wrote:
[...] So if such a tower under 500' AGL poses a
hazard to aircraft for an adjoining private airfield, the rights

of
the antenna owner's property may just be superior under common

law.

That in no way alters the right of any aircraft to pass through that
airspace freely. The property owner does not "own" the airspace,

and has no
privilege to prohibit other people from using it where it is not

already
being occupied by something else, as suggested by the person to whom

I was
replying.


It's not really a matter of "ownership," but rather whether use of
airspace down low over other people's property denies them their right
of enjoyment and freedom from hazards. Here's 3 samples of decisions
in various states, concerning private airstrips:

"The court emphasized that in this case the airport was private, not
public, and ruled that "there is nothing to distinguish a private
airport from any other private business with regard to enjoining
operations which create a nuisance."

"The trial court issued an injunction against use of the airstrip, and
the appellate court held the injunction appropriate on the grounds
that use of the airstrip, even without actual invasion of the
utility's land, constituted a nuisance to the utility's transmission
lines." [Note the utility put up the transmission lines; then sued the
adjacent private airport owner!]

"Neighboring property owners sued owners of a private airport for
damages due to aircraft noise. Held: An airport operating in
conformance with state and federal law may nevertheless constitute a
nuisance, and the Federal Aviation Act does not preempt damages for
unreasonable noise from an airport....In addition, plaintiffs may
recover for inconvenience, annoyance, and discomfort caused by
nuisance as long as the interference with use and enjoyment of their
property is unreasonable and substantial."

Fred F.

  #66  
Old December 10th 04, 12:26 AM
Newps
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TaxSrv wrote:



"The trial court issued an injunction against use of the airstrip, and
the appellate court held the injunction appropriate on the grounds
that use of the airstrip, even without actual invasion of the
utility's land, constituted a nuisance to the utility's transmission
lines." [Note the utility put up the transmission lines; then sued the
adjacent private airport owner!]


This is odd as most utilities will bury the lines for your runway if you
pay the cost of burial. Unless of course you're talking about those
monster transmission lines.

  #67  
Old December 10th 04, 12:39 AM
Judah
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Oh darn. A bit too far to fly in an Arrow...


Newps wrote in
:

KBIL Every Christmas Eve.

Judah wrote:
Where is this? My kids would probably get a big kick out of something
like that...

Newps wrote in news:3N2dnbVgu59cGircRVn-
:


We have a guy here that has a 1500 pound thing he hangs from his
Jetranger each Christmas. It is Santa in his sleigh and a couple of
reindeer. There's about a thousand lights being run from the
generator bungied to the skids. He flies without any lights on the
copter and the route is published in the paper on Dec 23 each year.
His whole flight takes him a couple hours.



  #68  
Old December 10th 04, 12:43 AM
Peter Duniho
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"TaxSrv" wrote in message
...
It's not really a matter of "ownership,"


That's what I've been saying. Thank you.


  #69  
Old December 10th 04, 02:21 AM
Blueskies
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"Casey Wilson" wrote in message news:%vQtd.755$Qp.517@trnddc01...
The old man and N2310D disappeared into the mountains somewhere between Anchorage and North Way. Every time I drive
into San Berdoo I remember that night.



We need more like him today...


 




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