Full Description
The purpose of this book is to consider the neighbour conflict arising between airports and neighbouring owners of land, particularly with residential uses, as well as to assess the existing solutions applied to manage or resolve that conflict. The book explains why the neighbour conflict between the airport and landowners is of a particular kind and what legal instruments are applied to address it in an attempt to balance the interests of opposing parties. Readers will develop an understanding of how the law operates when damage is caused by a legal act of the government and what the limits of compensable loss are. In addition, the reader will discover the economic foundations of possible solutions and why not all market losses are legally compensable. Key features of this book include:
a consideration of key legal concepts such as neighbour law, nuisance, protection of property, land use restrictions, liability, and compensation to inform a unique analysis of neighbour law in the context of conflict between airports and neighbouring landowners;
practical guidance on an airport's legal liability towards neighbouring landowners;
a comparative analysis of airport's liability, compensation claims, their scope and economic effects;
a comparative overview of planning and environmental solutions applied in a variety of jurisdictions;
a discussion of valuation methods and challenges when loss of property value is the measure of compensation.
The Author's intention is to promote conscious and civil relations among market participants, as opposed to opportunistic and speculative behaviour. This book is important reading for lawyers, academics, PhD students and postgraduate students dealing with land use regulations, environmental law, compulsory purchase, eminent domain and expropriation issues, compensation for property restrictions, as well as with aviation law and legal aspects of airport operations.
Contents
Introduction
1. 1 Nuisance as a neighbour conflict
2. 2 Aircraft noise as nuisance
3. 3 The American and British approaches to neighbour conflict caused by aircraft noise
4. 4 Resolving the neighbour conflict involving airports in continental Europe - the example of France and Germany
5. 5 Challenges in devising and implementing public intervention - the Polish experience
Conclusions
