Tuesday, October 12, 2010
Wheelin’ & Dealin’ II
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.
