Calif. Appeals Court Lets County Flight-Easement Rule Stand

Law360, Los Angeles (January 16, 2014, 8:13 PM EST) -- A California appeals court on Thursday upheld Humboldt County, Calif., regulations requiring some property owners to give an aircraft overflight easement in order to get permits for minor alterations to their home, ruling the policy was not a per se physical taking of property.

Writing for a unanimous panel, Judge Sandra L. Magulies found that plaintiffs Scott and Lynn Powell had not shown they would suffer any harm from giving the easement. The Powells were largely concerned about giving up future rights in case the airport...
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