AVIATION ATTORNEY

ksandrew

ksandrew

Pre-takeoff checklist
Joined
Oct 22, 2014
Messages
118
Location
1GA6 Dawson Georgia USA
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ksandrew
Hi All.

I am looking for an aviation attorney in the State of Georgia. The listing in directories is very poor. What I have found out so far is as follows.

1. To call yourself an aviation attorney you may or may not have a listing in the yellow pages under Aviation Attorney.

2. Ninety five percent of those listed as aviation attorneys want to represent victims of air disasters.

3. Most aviation attorneys are also listed under , divorce, personnel injury, bankruptcy, workmen s compensation, social security etc.


I contacted the AOPA Legal Services and spoke to the right people, I am a member of the plan. As it is more of a State issue they suggested a lawyer in Georgia who was familiar with Georgia statutes. They have a list of donor lawyers in Georgia but I am not sure if they are on the list for the right reasons. Cross checked the names with the FAA database and googled the law firms. Aviation is not at the top of their priorities.

Only found one suitable attorney and for some reason he will not return my phone calls. I left the message that I had been referred by the AOPA Legal Services.

My need is to clarify the legality of landing in ones own field. Have been asked by the county to supply information that it is not against any state statutes. I have spent many hours searching the internet.

I equate it to searching for information confirming that it is not against the law to make a "peanut butter and jelly sandwich"

I am looking for an aviation lawyer that deals with GA and who is also a pilot.

Any help of thoughts will be appreciated. I will be checking the person out so do not suggest your brother in law.

Thanks.

Ken Andrew.
 
Thanks for the leads. The first two look like the most likely to fill the bill.

Like you said it is trying to prove a negative. Rather than just challenging them to take me to court I am trying to find a gentle way out first. Rather keep it all friendly at the moment.

They are on my side it is just a crazy neighbor who goes to the Commission meetings and claims that I am killing his trees, polluting his well, and scaring away all the game.

I will follow up on your leads in the morning.

Ken
 
ksandrew said:
They are on my side it is just a crazy neighbor who goes to the Commission meetings and claims that I am killing his trees, polluting his well, and scaring away all the game.

Ken
Click to expand...

You mean Planning Commission? If so, the ordinance should have a paragraph in the beginning that states something like "all land uses are prohibited unless explicitly permitted...the following land uses require permits..."

Isn't the burden on the County to cite the ordinance section in violation?
 
ksandrew said:
Thanks for the leads. The first two look like the most likely to fill the bill.

Like you said it is trying to prove a negative. Rather than just challenging them to take me to court I am trying to find a gentle way out first. Rather keep it all friendly at the moment.

They are on my side it is just a crazy neighbor who goes to the Commission meetings and claims that I am killing his trees, polluting his well, and scaring away all the game.

I will follow up on your leads in the morning.

Ken
Click to expand...

Take a pic of him changing his oil in the driveway then claim he is violating the clean watter act. Play his stupid game.
 
If the county feels you are in the wrong, doesn't the burden of proof fall on them? Not a lawyer but damn... If you feel I broke the law YOU need to prove it, not the other way around.
 
ksandrew said:
Hi All.

I am looking for an aviation attorney in the State of Georgia. The listing in directories is very poor. What I have found out so far is as follows.

.
Click to expand...

Not attorney help, but at least one other municipality in GA has thoughts on the subject: https://www.municode.com/library/ga...nodeId=APXCZOOR_ART14SPPRPRNOBUUS_S14.1AILAAR

I couldn't find anything in Dawson, assuming thats where you are. Maybe talk to the owner at Young Field, Dawson, (9GA3) and see what they had to do to put in their strip?
 
If it is complaints about you landing on your property you don't need an aviation lawyer. You need a good local land use lawyer. The FAA doesn't preempt local land use laws.
 
ksandrew said:
Hi All.

.........

My need is to clarify the legality of landing in ones own field. Have been asked by the county to supply information that it is not against any state statutes. I have spent many hours searching the internet.

I equate it to searching for information confirming that it is not against the law to make a "peanut butter and jelly sandwich"

......
Thanks.

Ken Andrew.
Click to expand...

I bought a ranch in Sublette County Wyoming.....

Went to the county offices,asked the planner what to do.. Filled out a small form for a ":conditional use permit" .. Planners approved the 3000' runway, then it went before the the county commissioners. they approved it too.. Easy Pleasy....


http://www.airnav.com/airport/2WY3


Neighbors cannot fight it now,,:no: just use the tack the other poster said.. catch him polluting while changing oil, mention his LEAD bullets pollute the ground /water when he is hunting and miss their target... Etc , etc...

Let us know how this turns out...
 
flyingron said:
If it is complaints about you landing on your property you don't need an aviation lawyer. You need a good local land use lawyer. The FAA doesn't preempt local land use laws.
Click to expand...

Correct, FAA does not care where you land and and will not have any say nor care for a private airport. You need a good local county lawyer that has experience with land use planning and zoning. Although it is an aviation issue, you real problem is a land use dispute.

Go find local Ag strips in the county and talk to the owners if they have had to jump through any hoops.

If you wanna battle the neighbor, you can take him to small claims for harassment if you are not violating any laws or ordinances.
 
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Shawn said:
Correct, FAA does not care where you land and and will not have any say nor care for a private airport. You need a good local county lawyer that has experience with land use planning and zoning. Although it is an aviation issue, you real problem is a land use dispute.
Click to expand...

True this is a land use issue. It sounds like he doesn't need to lawyer up; he just needs the county to tell him he's in violation of the zoning ordinance (seems they can't).
 
Welcome to finding a lawyer, it's like looking for a nicer turd in a barrel of chit.

I used to hold lawyers to a higher standard till I used a few of them, heck one actually made me want to look into becoming a attorney just to avoid using all the half wits out there.
 
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