What are the changes to 49 CFR Part 24 (Uniform Act)? 

Uniform Act Frequently Asked Questions 

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 an Exhibit "A" Airport Property 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 use by the FAA. In all cases airports must complete the land release Part 1 Checklist and 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 are Runway Protection Zones and what are they intended to do (section 550 AIP Sponsor Guide)? 

What FAA document describes the land acquisition and relocation requirements when purchasing property with Federal and State funds?
AC 5100-17 and 5100-37b.

What is the Freedom of Information Act (FOIA) and how do I request airport project information? 

What are the existing laws that impact properties in the vicinity of a licensed public use airport? 

What are the requirements when buying property for more than the appraised value? 

What is required to become a registered vendor with the State of Michigan and receive payment? 

When is an appraisal not required? 

When can a Short Form appraisal be used? 

Can real estate transfer tax be charged for Avigation Easement closings? YES (Learn more about the law) 

What are the new Eminent Domain Laws that became effective December 23, 2006? 

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). 

How are public agencies (airport sponsors) and property acquisition projects impacted by the new Eminent Domain Law changes (summary of law changes)? 

Is a Phase 1 ESA (environmental site assessment) required for land acquisition? Yes, if property is being acquired in fee. 

Can an airport sponsor request reimbursement for Title Insurance? No (see AIP handbook - 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). 

What uses are considered Wildlife Hazards and why are some farming activities discouraged on or near airports? (see FAA AC 5200-33B)