Avigation  Easements are property rights acquired by an airport whenever land use around an airport needs to be controlled (RPZ protection) or when air rights and/or obstruction removal (for example a tree) is required.   FAA 5100-17 - chapter 2 describes Avigation Rights to be appraised and acquired .  An explanation of Avigation Easements as well as a Sample Avigation Easement can be found in section 561 of the AIP Sponsor Guide  .  Information for transitional and approach surfaces used to determine Avigation Easement limitations can be found in FAR Part 77 Basics .  Appraisers can request a copy of the Exhibit "A" property map to identify parcels with existing avigation easement encumbrances.

***Unless market data support can be found, an appraiser should never rely on a percentage or formula adjustment to reach a valuation conclusion by the use of averages, median, or means produced by the sum of available data. Without market data the use of formulas are inaccurate and outside the realm of real estate appraisal principle and theory. The use of formulas suggest a loss in value without considering highest and best use and often substitute appraisal judgment for damages that cannot be justified by market actions and influences.  An accurate estimate of value will rely on the individual appraiser's knowledge of market influences and sales data. The validity of an appraisal report is determined through sound market research and a logical explanation and correlation of the information the market provides. 

Minimum Airport Licensing Standards  (minimum easement standards at non Federally funded airports)

**Please Note:     approach protection and zoning can also be used to control incompatible land uses around an airport.   Learn more about approach protection and zoning .

RUNWAY PROTECTIONS ZONES (RPZ)

• Airports receiving federal monies are required to control Runway Protection Zones from incompatible land uses.  See FAA Order 5100.38C (appendix 7 and Chapter 7 - section 701).  In most cases, existing incompatible uses only require an avigation easement  to prevent additional incompatible uses. 
• FAA Central Region Airports Division - Runway Protection Zones (compatible and incompatible land uses) -    (section 550 of Sponsor Guide)
• FAA AC 5100-17 (Land Acquisition and Relocation; Section 2-15 (d), page 24) describes RPZs and easement rights acquired
• RPZ Dimensions
• RPZ changes in AC 5300-13 (change 11)
• FAA 5300-13 (Airport Design) - see Runway Protection Zones (chapter 2, pages 19 & 20)  or  Change 11
• FAA - PPM 5300.1B - Runway Protection Zone and Airport Object Clearing Policy  (please note: any reference in PPM 5300.1B to order 5100.38A may not be accurate since 5100.38A has been replaced by  5100.38C      ).  FAA  object clearing policy    requires all structures to be removed from Runway Protection Zones purchased in fee unless approval is given by FAA Region Office for the proposed use and structures.
• FAA 5100.38C - AIP Handbook (see page 122)

Sample Avigation Easements (please note: certain language is required to be included with easement documents. The samples below (and in  Section 561 of the AIP Sponsor Guide ) contain this language and are therefore recommended for use. If these samples are not used please consult an attorney, FAA, and AERO to ensure the required easement rights are acquired).

• Avigation Easement - Inside RPZ (updated 10/9/06)
• Avigation Easement - Outside RPZ (10/9/06)
• Avigation Easement - properties Inside and Outside RPZ (10/9/06)

** Please note:  avigation easements must be recorded.  Easement conveyances under Michigan law are taxable (transfer tax).   Click here for a reprint of advice from the Revenue Division of the Department of the Attorney General .

The Exhibit "X"  is a required drawing/sketch and is part of the Avigation Easement document that graphically depicts the area encumbered by the easement restrictions and any obstructions to the approach surface. These sketches must be given to the appraiser in order to provide accurate information of the easement area and any obstructions that need to be removed or trimmed (may impact value). Legal descriptions of the easement area must also be prepared and provided to the appraiser and must be placed on the easement document and Exhibit "X".  ***The Exhibit "X" must also include stationing identifying the end of runway and beginning of the approach for the easement rights being acquired.  The station information is obtained from the Airport Layout Plan.

*** Objects are considered to be an obstruction if they penetrate the approach as shown on the ALP. However, it is recommended to place a statement on the Exhibit "X" explaining that all natural growth trimming will include all natural growth 10 feet below the heights on the Exhibit "X" to avoid yearly trimming and future obstructions. It is also recommended that the Exhibit "X" depict a "natural growth cut line" in profile view (may require separate sketch) depicting the approach surface line and a 10' natural growth cut line (see examples below). The appraisal will need to consider the impact of trimming any natural growth that falls between the approach line and 10' cut line if this language is used. PLEASE NOTE: SEPARATE LEGAL DESCRIPTIONS, EXHIBIT "X" DRAWINGS, AND APPRAISALS SHOULD BE PREPARED IF A PROPERTY IS IMPACTED BY BOTH EASEMENT TYPES (inside the RPZ and outside the RPZ).

Exhibit "X" Examples

• Example 1 (updated 11-4-05)
• Example 2 (updated 11-4-05)