JOINT DEVELOPMENT UNDER THE MODEL AIRSPACE ACT

This Study of the Model Airspace Act is presented as an aid in formulating legislation that will permit the effective multiple use of highway corridors. Airspace as defined in the Act (Section 2) is explained, and the various sections of the Act are briefly discussed. Section 3 defines the legal nature of airspace as constituting real property, and in section 4 the purpose of the Act is expressed to permit airspace to be dealt with in the same manner, in the same conditions, and for the same uses and purposes as other real property. Section 5 deals with the creation, transference and conveyance in airspace. Section 6 provides that a State shall have the same powers, rights and duties with respect to airspace as are possessed with respect to other real property. Section 7 deals with dividing or apportioning airspace. Section 8 provides for devolution upon death, and Section 9 provides for taxation. Section 10 provides that the Act shall not be interpreted to violate certain regulations and limits. Section 11 contains the bulk of the joint development mechanism built into the Act. Section 12 provides for the disposition of airspace or other real property not needed for public purpose or public use. Sections 13(A) and 13(B) help deal with problems of construction above rights of way or objects protruding into airspace. Section 14 leaves the existing eminent domain laws of the jurisdiction intact. Section 15 states that except as provided within the act, the act does not change the law of the state pertaining to the powers or activities of the state or local government. Section 16 is a severability clause.

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• Supplemental Notes:
  • The project that is the subject of this report was part of the National Cooperative Highway Research Program conducted by the Transportation Research Board with the approval of the Governing Board of the National Research Council. This article appears in Selected Studies in Highway Law, Volumes One and Two.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Wright, R R
• Publication Date: 1976

Media Info

• Pagination: p. 1023-42
• Serial:
  • Selected Studies in Highway Law
  • Volume: 2
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Airspace (Aeronautics); Airspace (Law); Highway corridors; Joint development; Laws; Multiple use; Taxation
• Uncontrolled Terms: Right of way
• Subject Areas: Highways; Law;

Filing Info

• Accession Number: 00148924
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Mar 30 1977 12:00AM