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
5190.6
and the
FAA Revenue Policy
.
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% of 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).
Printer Friendly
Text Version
Email Page
