County’s Overflight Easement Condition In Exchange For A Permit Upheld.

Plaintiffs planned minor alterations to their residence. As a condition for obtaining a building permit, the county’s general plan required them to provide an aircraft overflight easement. In this action, plaintiffs contend the easement requirement constitutes an unconstitutional taking of their property without just compensation. The trial court entered summary judgment in favor of the county. The appellate court affirmed, concluding the overflight easement did not as a matter of law effect a taking of private property or airspace under the Fifth Amendment or California law. (Powell v. County of Humboldt  (Cal. App. First Dist., Div. 1; January 16, 2014) 222 Cal.App.4th 1424, [166 Cal.Rptr.3d 747].)