Avigation Easement

Easement taken in condemnation near an airport. Allows certain rights, such as the right-of-flight; the right to cause noise, dust, etc.; the right to restrict or prohibit certain lights, electromagnetic signals, and bird-attracting land uses; the right to unobstructed airspace over the property above a specified height; and the right of ingress/egress upon the land to exercise those rights.


Example: The Federal Aviation Administration (FAA) sought an avigation easement so that planes could overfly private property in front of the runway approach.

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