Viewing page 40 of 93

This transcription has been completed. Contact us with corrections.

PART III

LEGAL PROBLEMS IN LIMITING NONCOMPATIBLE LAND USES IN "AFFECTED AREAS" NEAR AIRPORTS

The discussion in this Part III may have pertinence whether (1) a wholly new airport is under consideration; or (2) an existing airport is being expanded; or (3) even though the airport in question is not been changed, efforts are being made to reduce noncompatible land uses in the area.

A. Legal Considerations in Defining "Affected Areas".

As mentioned above (p. 1), the phrase "affected area" is used in this paper to describe whatever area is determined to be that area in which noncompatible uses should be eliminated for noise abatement purposes. It's measurement or definition is the subject of Committee No. 4.

However, since Committee No. 2 is concerned primarily with residential development, there is a fundamental legal caution that should be heeded, at least in the United States. Where the government seeks to make it illegal for an individual to reside on his own property or in his own home (whether owned or rented), or where the government destroys the value to him of his residential property, he is entitled under the United States Constitution and also under the Constitution of each of the 50 States to "due process of law". Among other things, this means that a zoning law, for

36