AVMG 5090 CHAPTER 13 UPDATED ACTUAL
QUESTIONS AND CORRECT ANSWERS
Question:
1. What two areas of concern have been the focus of
most litigation regarding airports and airspace?
Answer:
Aircraft noise and keeping the airport's approaches clear of obstacles.
Question:
2. What is the power of eminent domain?
Answer:
The power of eminent domain is a government's right to take private land for a
public use, even if the landowner does not wish to sell the land.
Question:
3. How does a government normally exercise its power of
eminent domain?
Answer:
the land (or an aviation easement over the land), and ordering transfer of title to
the land (or an aviation easement over the land) to the
government upon payment of that price.
Question:
4. What is inverse condemnation?
Answer:
When a landowner files a lawsuit seeking a court order determining that some
activity of a government has already taken a property right in the landowner's
property and seeking to obtain payment of just compensation for that taking, the
case is called an inverse condemnation case
, Question:
5. If a government takes private property under its power
of eminent domain, is it required to pay for it? If so, how
much?
Answer:
Yes, the government must pay the landowner just compensation for the property
taken. Just compensation is determined by one of the following methods: 1. In a
condemnation case, by the appraised fair market value of the property taken. 2. In
an inverse condemnation case, by the difference between the appraised fair
market values of the property immediately before and after commencement of
the government activity found to have resulted in the taking
of some right in the property.
Question:
6. Describe two common uses of the power of eminent
domain to solve the legal problems identified in your
answer to Question 1, above.
Answer:
Question:
7. What is the police power?
Answer:
Question:
8. Describe the two common uses of the police power to
solve legal problems identified in your answer to
Question 1, above.
Answer:
Question:
9. Can a government's exercise of its police power ever
lead to a situation in which the government would be
required to pay compensation to a private landowner?
Answer:
Question:
10. What are the sources of the FAA's authority to regulate
airspace use and flight safety?
Answer:
QUESTIONS AND CORRECT ANSWERS
Question:
1. What two areas of concern have been the focus of
most litigation regarding airports and airspace?
Answer:
Aircraft noise and keeping the airport's approaches clear of obstacles.
Question:
2. What is the power of eminent domain?
Answer:
The power of eminent domain is a government's right to take private land for a
public use, even if the landowner does not wish to sell the land.
Question:
3. How does a government normally exercise its power of
eminent domain?
Answer:
the land (or an aviation easement over the land), and ordering transfer of title to
the land (or an aviation easement over the land) to the
government upon payment of that price.
Question:
4. What is inverse condemnation?
Answer:
When a landowner files a lawsuit seeking a court order determining that some
activity of a government has already taken a property right in the landowner's
property and seeking to obtain payment of just compensation for that taking, the
case is called an inverse condemnation case
, Question:
5. If a government takes private property under its power
of eminent domain, is it required to pay for it? If so, how
much?
Answer:
Yes, the government must pay the landowner just compensation for the property
taken. Just compensation is determined by one of the following methods: 1. In a
condemnation case, by the appraised fair market value of the property taken. 2. In
an inverse condemnation case, by the difference between the appraised fair
market values of the property immediately before and after commencement of
the government activity found to have resulted in the taking
of some right in the property.
Question:
6. Describe two common uses of the power of eminent
domain to solve the legal problems identified in your
answer to Question 1, above.
Answer:
Question:
7. What is the police power?
Answer:
Question:
8. Describe the two common uses of the police power to
solve legal problems identified in your answer to
Question 1, above.
Answer:
Question:
9. Can a government's exercise of its police power ever
lead to a situation in which the government would be
required to pay compensation to a private landowner?
Answer:
Question:
10. What are the sources of the FAA's authority to regulate
airspace use and flight safety?
Answer:
