What is required to provide evidence of good title? Federal statute requires that sponsors of airport development projects hold "good title, satisfactory to the Secretary" (of Transportation) to the airport being developed. To meet these requirements, a sponsors' title must be free and clear of any reversionary interest, lien, easement, lease, or other encumbrance that would create undue risk that might deprive the sponsor of control or possession, interfere with its use for public airport purposes, or make it impossible for the sponsor to carry out the obligations and covenants in the grant agreement. Under FAA procedures, satisfactory evidence of good title includes an attorney's title opinion that is properly tied to anExhibit"A"AirportProperty Map.
Do airports need to complete a land release if the requested use is determined to be a concurrent use? No. However, the proposed use can only be determined to be a concurrent useby the FAA. In all cases airports must complete the land release Part 1 Checklistand submit for MDOT review and FAA approval.
How can revenue from a land release be used by an airport sponsor? Revenues must be used in a manner consistent with FAA Order 5190.6B and the FAA Revenue Policy.
What FAA document describes the land acquisition and relocation requirements when purchasing property with Federal and State funds? 5100-17 Ch6and 5100-37b
When is a public corporation or state agency required to compensate an individual 125% of fair market value for property required for a public use? (as stated in PA 367 of 2006) (5) In order to be eligible for reimbursement under this subsection, the individual's principal residential structure must be actually taken or the amount of the individual's private property taken leaves less property contiguous to the individual's principal residential structure than the minimum lot size if the local governing unit has implemented a minimum lot size by zoning ordinance.
Are airport sponsors required to pay 125% of fair market value (appraised value) for avigation easements? NO. Public Act 367 clearly states that either the structure has to be taken or the result of the partial acquisition leaves less property than the minimum lot size under a zoning ordinance. Unless the structure is an obstruction to an approach it does not need to be acquired and therefore 125% fair market value is not required.
Does a public agency (airport sponsor) need to offer compensation for loss of property tax exemption if the principal residence (structure) is acquired? YES. The agency's Good Faith Offer shall also include a property tax reimbursement based on the following formula: (SEV- Taxable Value) x Millage Rate x #years (max 5 yrs).
Can an airport sponsor request reimbursement for Title Insurance? No (seeAIPhandbook - 5100-38C, page 127).
Do I need to request a land release for all non-aviation uses on the airport? NO. If approved by MDOT, the proposed use may be considered a "concurrent use" that does not require a land release. A "concurrent use" is the use of dedicated airport property for a compatible non-aviation activity while at the same time the property serves the primary purpose for which it was acquired. Examples of a concurrent use are road right of way easements, utility easements, and agricultural leases (see FAA Order 5190.6B for more information).
Printer Friendly
Text Version
Twitter
Facebook
Yahoo
Google
Digg
reddit
Newsvine
StumbleUpon
Bookmark
Email Page
