Sunday, November 14, 2010
There is a reason the FAA recommends a separation between wildlife habitat and aircraft.
Monday, October 11, 2010
As promised, now we’re gonna get “legal.”
In the 381 the fourth and fifth paragraphs of “Recitals” refers to us as “economically disadvantaged” and states that the airport will be used “by the public in a manner that will fulfill an essential community purpose”
Which “Public” are they talking about? Where WILL I park my $20 million Biz-jet?
The 381 give-away ONLY gets worse.
Airports have always had problems with noise created by low-flying aircraft ruining property owners living conditions and sometimes family businesses. These are considered “takings,” and have been taken to court by citizens for “just compensation” or relief of the problem.
In many private airport developments, as with the CTA, there is a contract between a private developer, which is Carpenter & Associates, and a permitting public entity acting as an agent, such as the Federal Government, State, County, or Municipality.
A legal definition of ‘Agent’ is “one who, by mutual consent, acts for the benefit or another; one authorized by a party to act in that party’s behalf.”
The 381 Agreement constitutes “acting in behalf” of Carpenter & Associates, making Bastrop County the “agent.”
If you will examine Section 14, “Indemnification,” it appears that Bastrop County is immune from litigation arising from the construction, operation, maintenance, or any other problems with the CTA, as they are ONLY the permitting authority, and not the owners or operators. But does that really get them off the hook as an “agent” of Carpenter & Associates. Existing case law suggests that ALL parties may be liable for damages resulting from “takings,” regardless of “agreements.”
The City of Austin spent over $33 million dollars on property considered “uninhabitable” when they opened ABIA.
Do ya’ll want to take that chance? Not me.
By NOT taking Federal dollars and REFUSING comprehensive FAA control, the CTA and the surrounding 22,000 acres of the Airport Compatibility Zone misses out on the opportunity for federally subsidized compensation for “takings,” and sound-proofing measures for homes, schools, and churches.
So who may foot the bill for protecting the citizens of Bastrop County, and their property?
It might just be YOU!!
Don’t take my word for it.
Google is your “friend”.
The CTA isn’t.
Saturday, October 9, 2010
What’s going on in Bastrop County?
We have a Commissioners Court that made a deal with a speculator, had him write an agreement that NONE of us working stiffs could EVER get, hired a “crack” legal team to “make sure that Bastrop County is protected,” and now, those of us that can READ are finding out that the county has legally thrown out the baby with the bath water.
The 381 Agreement “protects us,” against those nasty passenger jets carrying thirty-one or more plutocrats flying in to watch the F1 races in Elroy, but DOESN’T PROTECT US against a cargo jet of the same size carrying their damned Perrier water, pate and poodle-grooming supplies.
You know, they’re probably “Jet-Setter” plutocrats because they carry that stuff everywhere.
We’re also “protected” against those meddlesome folks at the FAA with all their rules and regulations that crimp those speculators’ styles when they build an airport that they want to run by ONLY THEIR RULES.
This “crack” legal team exempted the CTA from having to obtain an Airport Operating Certificate, under 14 C.F.R., part 139, which promotes safe operations of air-carriers, requires certain environmental regulations, and protects passengers and people on the ground from hazards.
Now, let’s talk security . . . private security. This is another 381 legal flub. The CTA will have NO TSA presence, so as to “streamline the airport experience”for these idle-rich-tourists so their sensitive Bordeaux wines won’t get manhandled by the “help”.
Do ya’ll remember Joe Stack? He loaded his Cessna with a full drum of aviation gas, set it on his passenger seat, took off from Georgetown Municipal Airport, and crashed it into the Echelon Building in Austin.
That airport has “private security.”
How big of an embarrassment to Bastrop County would it be if a 737 departed from the CTA and flew into the State Capitol . . . or some really USEFUL building?
I read kind of slow, but there’s lots more coming, like how Bastrop County might not be protected against litigation arising from condemnations due to noise from all these AIR BLUEBLOOD Perrier’n’pate over-flights.
So, bear with me . . .