Archive | Legal

Q&A: Runway legal/tax issues


Dave Sclair, publisher of Living With Your Plane, regularly addresses problems affecting residential airparks. Many of the questions he addresses come up during his presentations at various aviation events around the country.

Question: The runway in our fly-in community isn’t a separate legal entity or tax parcel. The lots on either side of the runway go to the center of the runway and each lot owner’s deed provides an easement across their private property for the runway. This means there’s no separate tax for the runway itself since each property owner pays their tax bill which includes an equal share of the runway.

Recently we’ve been looking into obtaining liability insurance for our airpark and the question has come up about how we insure this. Is this a common practice? Have others had problems with this format? Can insurance be obtained for the runway only to be paid for by the various property owners?

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Posted in Legal, Questions, Runways & InfrastructureComments (0)

Property stumbling blocks hold up potential air park


Lee Rackley is attempting to develop an airpark at the Clinton-Sampson Airport (Clinton, N.C.), but is up against the sentiment of, “not anyway to make this work.” Read the full story in The Sampson Independent, here.

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Homer (Alaska) airpark project runs into opposition


The Homer (Alaska) Tribune reports a residential airpark project underway in the community is running into opposition from area residents.

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A rezone of land adjacent to the Scappoose, Oregon airport has been approved by the city council. The rezone would allow for a residential airpark development on adjacent land. To read the story, click on the link below:

Scappoose City Council votes rezone to permit Residential Airpark

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How does the IRS treat funds your HOA is accumulating for a major project?


Do you have a homeowners’ association at your fly-in community / residential airpark? Do you accumulate funds for future major projects like repaving the runway? How does the IRS or state treat your association for tax purposes? Are there questions about the amount of cash in your account at the end of your fiscal year?

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Positive ruling on residential airpark hangars


Note: Dr. Paul Sullivan has been working on developing a residential Airpark in Harbor Springs, Mich. For the last few years. The property is platted and approved and the latest problem was getting approval for a hangar that exceeded 2,000 SF. Because local regulations and the national fire code rate such a structure as a commercial building it required considerable extra requirements.

Now, it appears there is arelief from these onerous requirements and they could become a precedent for others facing the same problem.

Below is the test of a note from Sullivan. He also makes available the rulings and decisions that apply.

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Conflicts on airparks


I’ve been tracking residential airparks since the mid 1970s and if I’ve found one problem more consistent than anything else it is the issue of airpark property owners getting into disagreements that end up in lawsuits.
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Self-certification more important now


Some time ago we added an item to help airparks make sure they provided secure systems for planes and homes. We explained that we feared in the nation’s current emphasis on security and national worry of all things aviation, sooner or later someone would call for the TSA to start requiring security at private and residential airparks.
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Posted in Forms, Notices & Regulations, LegalComments (1)

General Aviation Security Act of 2005


To amend title 49, United States Code, to enhance security at general aviation airports in the United States.

IN THE HOUSE OF REPRESENTATIVES
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Posted in Forms, Notices & Regulations, LegalComments (2)

Airpark Security Self Certification


LIVING WITH YOUR PLANE
Airpark Self-Ceertification Security Plan
Elements of an Airpark
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Posted in Legal, Runways & Infrastructure, SafetyComments (1)

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