Land use legal question vis-a-vis airplane taking off and landing

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docmirror

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Thinking of buying a large place in central NM for my own runway. It's on vacant land, but in a subdivision where the parcels are 20ac each. I'm looking at two adjacent rectangle plots giving about 6000' in length. I can put 4000' runway on and have 1000' on each end for overrun.

Here's the rub, there are legacy CCRs which are from the original development. No one is enforcing them right now. The wording of the offending para is below:

6. No part or portion of any lot shall be used in such a mannor as to create an activity which shall be noxious or offensive, or allowed to exist which creates a nuisance, including the allowance of trash or junked cars to remain on the premises. No trash, ashes, garbage or other refuse shall be allowed to remain on the lot and shall be disposed of in an area provided for that purpose.

Nevermind the crappy grammar, and misspelling(verbatim), the question is - if at some point someone who owns land there finds a plane taking off or landing would be considered "a nuisance". Subsequent, it winds up in court, and I've done all my diligence in setting up the runway in accordance with the state requirements, I'm guessing most judges will deem it such, and prohibit use for landing or taking off.

The zoning is ranch/residential. Cows, pigs, goats, horses are allowed on the property. There are exactly 2 structures in all 270 acres of the subdivision and I think only one of those is occupied. I've tried to check the zoning dept for the land and see if a runway is prohibited, but so far all I can find relates to commercial activities, and mining. No word of aviation is mentioned anywhere in the non-comm zoning regs.

Wondering if there's any way to make it more favorable to building my runway? No - I can't go somewhere else. No - I don't want to buy the whole development. I'm hoping to build right here, with this land. It's ideally suited to where I want to be.
 
What about negotiating having the CCR amended?

Someone must be the party who "owns" the other side of the Covenant, and perhaps you could deal with them to add something to the paragraph that stats "Operation of aircraft off of a runway on the property shall not be considered a nuisance blah blah blah"

You might have to agree to some conditions on it, like daylight, but you could then register the new change on the title and be solid.
 
docmirror said:
Thinking of buying a large place in central NM for my own runway. It's on vacant land, but in a subdivision where the parcels are 20ac each. I'm looking at two adjacent rectangle plots giving about 6000' in length. I can put 4000' runway on and have 1000' on each end for overrun.

Here's the rub, there are legacy CCRs which are from the original development. No one is enforcing them right now. The wording of the offending para is below:

6. No part or portion of any lot shall be used in such a mannor as to create an activity which shall be noxious or offensive, or allowed to exist which creates a nuisance, including the allowance of trash or junked cars to remain on the premises. No trash, ashes, garbage or other refuse shall be allowed to remain on the lot and shall be disposed of in an area provided for that purpose.

Nevermind the crappy grammar, and misspelling(verbatim), the question is - if at some point someone who owns land there finds a plane taking off or landing would be considered "a nuisance". Subsequent, it winds up in court, and I've done all my diligence in setting up the runway in accordance with the state requirements, I'm guessing most judges will deem it such, and prohibit use for landing or taking off.

The zoning is ranch/residential. Cows, pigs, goats, horses are allowed on the property. There are exactly 2 structures in all 270 acres of the subdivision and I think only one of those is occupied. I've tried to check the zoning dept for the land and see if a runway is prohibited, but so far all I can find relates to commercial activities, and mining. No word of aviation is mentioned anywhere in the non-comm zoning regs.

Wondering if there's any way to make it more favorable to building my runway? No - I can't go somewhere else. No - I don't want to buy the whole development. I'm hoping to build right here, with this land. It's ideally suited to where I want to be.
Click to expand...

Review NMSA 3-39-x - you'll find a lot of information.
 
When I did my private airport (2WY3) in a "large tract development", the planning commission sent letters to ALL adjoining property owners for comments... Once that hurdle is cleared and no one *******.... and the FAA gave it's blessing, then a conditional use permit was issued... If later someone screams 'NOT IN MY BACKYARD".. you will probably prevail in a court of law....IMHO..
 
I would consult an aviation lawyer,also if your a member contact aopa or Eaa ,for their input. Good luck
 
SkyHog said:
Review NMSA 3-39-x - you'll find a lot of information.
Click to expand...

Kind of close, but this all deals with "public" airports. For the use and benefit of the public. This is going to be a private airport, with no access by the "public". However, some parts of it are applicable.
 
N801BH said:
When I did my private airport (2WY3) in a "large tract development", the planning commission sent letters to ALL adjoining property owners for comments... Once that hurdle is cleared and no one *******.... and the FAA gave it's blessing, then a conditional use permit was issued... If later someone screams 'NOT IN MY BACKYARD".. you will probably prevail in a court of law....IMHO..
Click to expand...

Especially if you get away with it for a while, then you can claim adverse possession!
 
N801BH said:
When I did my private airport (2WY3) in a "large tract development", the planning commission sent letters to ALL adjoining property owners for comments... Once that hurdle is cleared and no one *******.... and the FAA gave it's blessing, then a conditional use permit was issued... If later someone screams 'NOT IN MY BACKYARD".. you will probably prevail in a court of law....IMHO..
Click to expand...

Yeah, I gotta do some research on adjacent land owners. I'll have to send them all letters advising of the project and let it wait for 90 days or so, then see what comes up. It's all scrub land in every direction, but someone owns the land out there. Gonna be fun notifying them.
 
Maybe talk to your neighbors and city hall folk first?
 
frfly172 said:
I would consult an aviation lawyer,also if your a member contact aopa or Eaa ,for their input. Good luck
Click to expand...
Why would this be aviation law? I'm thinking another specialty would be better suited, but then again I'm a sciolist.:D
 
Jaybird180 said:
Why would this be aviation law? I'm thinking another specialty would be better suited, but then again I'm a sciolist.:D
Click to expand...

Prior to this thread, I would have asked you if you play first row or second row sciolin for the local symphony.
 
docmirror said:
Yeah, I gotta do some research on adjacent land owners. I'll have to send them all letters advising of the project and let it wait for 90 days or so, then see what comes up. It's all scrub land in every direction, but someone owns the land out there. Gonna be fun notifying them.
Click to expand...


In my case.. the land owner on 2 sides is a cattle operator.. I told them if they needed help finding cows in the fall just call me.... They instantly were on board... The other 2 landowners were curious but concerned.. I told them the truth.. adjoining property that could potentially become an airpark will drive their property values ALOT higher then if it were "scrub land"...
They both agreed without further questioning...

Trick is to paint a rosy, but truthful picture of the future...:yes::yes::yes:
 
JeffDG said:
But would ongoing, notorious violation of a land use covenant render such covenant null and void?
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It would be an uphill battle for them ,as the FAA had already signed off on the deal.. They would have to fight both of us now... YMMV.
 
James331 said:
Maybe talk to your neighbors and city hall folk first?
Click to expand...

Well, there are no neighbors. It's basically bare scrub land sub-divided. No one actually lives there except maybe one guy way out on the other side of 20 acres from my plot. Also, it's unincorporated county land, so no city hall folk to chat with. It's controlled by county only.
 
Can you own anything anymore? Buy next to a low hassle nonbadged county airport and let everyone else foot the bill.
 
In many states, without enforcement, the CCRs are invalidated after a period of time, talk to an attorney who specializes in land use in your area
 
mrkbbd said:
In many states, without enforcement, the CCRs are invalidated after a period of time, talk to an attorney who specializes in land use in your area
Click to expand...

Well, a big giant yellow bulb just went off over my head. This is the holy grail of ideas that might just get me in bidness. Excellent plan. The CCRs I know have not been enforced because one of the properties has an old trailer on it that was only supposed to be there for 12 months during construction, and another lot has a couple dead cars on the lot. Hope NM is one of those states.
 
Who owns the other lots ? To change CCRs you typically need X% of the owners subject to the covenant to sign off on the change. As noted, they may be void already due to non-enforcement. The only person I know who built a runway in NM had 100acres and still went through a zoning hearing.
 
docmirror said:
Well, a big giant yellow bulb just went off over my head. This is the holy grail of ideas that might just get me in bidness. Excellent plan. The CCRs I know have not been enforced because one of the properties has an old trailer on it that was only supposed to be there for 12 months during construction, and another lot has a couple dead cars on the lot. Hope NM is one of those states.
Click to expand...
You should speak top a New Mexico land lawyer. The questions are whether the CCRs are enforceable, and would they prohibit an airport. If the answer to both is yes, the attorney can advise you on options to proceed.
 
JeffDG said:
Especially if you get away with it for a while, then you can claim adverse possession!
Click to expand...

How can you claim adverse possession of a piece of real estate you already own? Declare yourself schizophrenic? :dunno:
 
Flying Viking said:
How can you claim adverse possession of a piece of real estate you already own? Declare yourself schizophrenic? :dunno:
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I think you're confusing schizophrenia with dissociative identity disorder (formerly known as "multiple personality disorder"). But we get the idea. ;)
 
Ron Levy said:
I think you're confusing schizophrenia with dissociative identity disorder (formerly known as "multiple personality disorder"). But we get the idea. ;)
Click to expand...

I knew that. It was the other me who mixed it up! :D
 
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