The Airports Division Land Program provides guidance to all publicly licensed airports in the State of Michigan that are required to purchase avigation easements or properties in fee for existing approach protection or when properties are identified on an approved Airport Layout Plan (ALP) for future acquisition . The Land Program also provides guidance for Appraisals , Relocation , Eminent Domain (condemnation) , and Land Releases when required by an airport sponsor.

Recent Updates:

• 2/8/08:  Added FAA Program Guidance Letter (PGL 08-02 - Disposal of Noise Land)
• 4/4/07:  Added links to Recent Court Actions affecting Michigan Airports
• 2/8/07:  Added links to all Public Acts related to  Eminent Domain  Law changes.
• RPZ changes to AC 5300-13 (change 11)
• Proposal 4 (passed 11/7/06).   Summary of Changes to Michigan Constitution, eminent domain and property acquisitions effective 12/23/06 .

General Information:

All documentation retained by Airports Division Land Program is being retained electronically or is in the process of being converted to an electronic format. All land documents sent to Airports Division are preferred to be in an electronic format (at least 200dpi and saved in PDF, TIF, or JPG format). Please contact MDOT at (517) 335-9755 if you have any questions ( email a question ).

Airport Land Acquisition - The Basics

Projects vary in scope and requirements. Airport owner should consult with AERO before initiating a land acquisition project. Land acquisition projects may include, but are not limited to the following:

1. Airport identifies property rights needed for existing or future conditions.
2. Airport contacts   AERO to request funding.
3. If funding is available and the project is approved by AERO, airport should contact a land acquisition consultant   to assist with the acquisition process. The land acquisition consultant may need to sub-contract with an engineering consultant to provide any required legal descriptions, drawings/sketches, and Exhibit "A" completion or update. All consultants (including appraisers and negotiators) interviewed or hired for Federal or State assisted projects must be licensed in the State of Michigan in compliance with PA299 of 1980 ( Occupational Code ). Consultant must be able to provide evidence of their license and qualifications on demand. Failure to do so will result in disqualification or contract termination as well as forfeiture of any fees associated with that contract.
4. Airport and land acquisition consultant prepare the Agreement for Professional Consultant Services . Agreement is sent to AERO for review and approval. Agreement should not be signed prior to written approval from AERO.
5. AERO issues written approval for consultant costs and prepares consultant costs for transfer and Aeronautics Commission   approval (commission meets every other month).
6. If transfer is approved, AERO prepares Sponsor Contract which must be approved and signed by airport owner. Contract must also obtain State AD-Board approval before funds are available for the project. Consultant invoices are reviewed and signed by airport then forwarded to AERO for payment.
7. Land acquisition consultant prepares appraisal(s) to determine value of property rights required for the project (fee simple purchase(s) or   avigation   easement purchase(s).
8. After appraisal(s) and review appraisal(s) are completed, airport requests additional funds to acquire   the required property rights. Additional funds can include acquisition, closing, and relocation expenses as allowed under CFR 49 Part 24 .
9. AERO prepares additional costs for transfer and Aeronautics Commission approval (commission meets every other month).
10. If transfer is approved, AERO prepares Sponsor Contract which must be approved and signed by airport owner. Contract must also obtain State AD-Board approval before funds can be used for the project.
11. Land acquisition consultant makes Good Faith Offer (GFO) to property owner and negotiates purchase price. A Good Faith Offer should include, but is not limited to, the following documents:
    • Good Faith Offer - Fee Acquisition   or Good Faith Offer - Avigation Easement (dependant upon property rights required for the project)
      • Offer language must include:
        • Total compensation amount
        • Description of property rights being acquired
        • ALL interested parties (including mortgage companies)
        • Breakdown of compensable items (reference appraisal)
        • Reserve right to recover costs (recovery costs for contamination, etc.)
        • Consistent legal description (same description in appraisal, GFO, etc.)
    • Copy of appraisal report
    • Land Acquisition for Public Airports (FAA handbook)
    • Relocation handbook: Federal Relocation Assistance Program - "Your Rights and Benefits as a Displaced Person"
    • Relocation Eligibility Notice
    • Any negotiated amount over and above the appraised value must obtain AERO approval to be considered an eligible project cost.
12. Consultant coordinates closing and performs relocation   tasks (if necessary). If negotiations are unsuccessful, airport owner initiates condemnation   proceedings (obtaining a condemnation attorney is highly recommended). Additional funds and Aeronautics Commission approval may be required to pay for condemnation costs.
13. Upon completion of acquisition or condemnation, Airport or consultant prepares/updates Exhibit "A" and Land Summary   and submits to AERO for project closeout. Copies of project documents must be submitted to AERO during the project or when airport requests closeout.

LAND ACQUISITION PROJECTS CAN ALSO BE PAID THROUGH A REIMBURSEMENT. THE AIRPORT OWNER MUST FOLLOW THE REIMBURSEMENT GUIDELINES   AS WELL AS THE LAND ACQUISITION GUIDELINES  IN ORDER TO BE ELIGIBLE FOR REIMBURSEMENT.

Forms and samples not listed on this web site can be obtained by contacting:

Chip Kraus ( krausf@michigan.gov )

Questions regarding Airport Improvement Project land issues should be directed to:

Chip Kraus ( krausf@michigan.gov )

Correspondence can be sent to:

Chip Kraus

MDOT - Airports Division

2700 East Airport Service Drive

Lansing, MI 48906-2160

PH: (517) 335-9755 FAX: (517) 886-0366