Avigation Easements

Curfews and other restrictions at John Wayne Airport exist for one reason:

Residents of Newport Beach sued the County for alleged aircraft noise and pollution damage. They sued until the County was forced to settle with them, in 1985, and agreed to restrict use of John Wayne Airport.

The County wants to avoid being sued by residents near El Toro. Therefore, the County is demanding avigation easements... agreements from homeowner to give up the right to sue for aircraft related damage.

Most people know about easements given to local government or utility companies - to cross their property to maintain necessary services. An easement may be given, for example, for overhead wires, underground gas, power, sewer or storm drain lines, or for sidewalk or street purposes.

As Attorney Ron Steinbach explains in the attached report, avigation easements grant the right to fly airplanes over ones property, even if this causes serious damage.

Without easements, the County does not automatically have such a right.

For example, while the Defense Department has avigation easements to fly military aircraft over Leisure World no easements have been granted to fly commercial aircraft.  As the OC Weekly explains, in El Toro Watch No. 72, this could be a costly problem for the County if it moves forward with El Toro Airport.

For more information about airport impacts on home values, click here.

Before you buy a house, make sure that you read any easements in the documents.
The seller may ask you to give up an avigation easement -and your right to sue for damages.

Click for Avigation Easement Explanation