Model Forum / Radio Controlled / Air Models / May 2004

Thanks to those who responded with advice from my posts (below).
More facts:
1. It would be a club purchase not individual. (the club is a legal
entity)
2. The club has a lease on the 6 acres that overfly rights for the
adjacent property are defined in the lease.
3. It's remote flood plane farmland, that there are only two houses
around and they are miles away and due to location won't be changing.
4. In the next 25 years there is probably no possibility of the
adjacent land being used for anything other than farmland.  And the only
change would be to rezone to light industrial, but levee upgrades, other
available property makes that a long shot and way down the road.  Even
if that were to happen, the value of the 6 acres then would far offset
the loss of use and provide funding for a new site.
The real crux of the question is we're looking for a legal avenue to
protect overfly rights, and would be willing to pay for those rights.
The two potential issues we would be trying to protect are:
a) The current adjacent owners at some date says you can't overfly.
That hasn't been an issue, we've had a really good relationship with
them.  But obviously if for some reason they changed their mind the land
is no longer usefull for the purpose we want it.
b) If the adjacent land is sold, a new owner couldn't refuse
overflight.
This is a well extablished club, well managed and the owners like us
there.  But, the best financial interest would be the club owning rather
than leasing and we have the means to buy the 6 acres but probably not
the adjacent 40 which if you include the AMA suggested buffer zone.

Phil

"Considering buying 6 acres of land to fly off of.  Parking, runway,
pavilion has anybody delt with what is required to fly over adjacent
property?" "A little more clarification.  We already lease the property
have for years, we
want to buy it.  We already have the permission to overfly the adjacent
property, but currently since he is also to whom we pay rent, he holds
both
pieces of property and if he were to sell a piece of the overfly area we
could
just walk away, part of the lease agreement.   Has anybody been involved
in
some type of sales agreement to which an over flight right of way has
been
negotiated?  i.e. If he decides to decline over flight permission after
the
sale.  I'm giving the simple version here.  Actually the owner is a
group of
property owners, each owning a share of the acreage in the over flight
area."