Legal Question in Real Estate Law in Illinois

trespassing in airspace

i own a commercial building and property that is located aprox. 200 ft from a runway at a midsized and very busy airport. my building was built in the 20s and the airport in the 40s or so. the airport now wants to buy what they call a navagational esment (airspace above my property) i would like to know how i know if im getting a fair price and also if i have rights are they trespassing. the planes and jets come over my property to land and take off apox 100 ft above. i would apreciate any help. thank you.


Asked on 3/18/03, 10:03 pm

2 Answers from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: trespassing in airspace

You should consult with real estate experts in your area to ascertain what a fair price would be.

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Answered on 3/21/03, 11:50 am
Kenneth J. Ashman Ashman Law Offices, LLC

Re: trespassing in airspace

A question arises as to whether it is a muncipal airport or a private one. If a private one, the market value of the easement is whatever you two decide, and you might want to consult a real estate expert on the subject to ascertain a fair market value.

The same holds true for a municipal airport, except that you can be pretty certain that the initial offering price will be too low.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is intended for informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.

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Answered on 3/19/03, 5:22 am


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