Our local airport was originally a training base constructed in 1942. After the war the property was transferred to the county. In the late 50’s a portion containing a golf course was conveyed from the county to the local country club. Over the years improvements have been made to the airport and the existing runway is now 6,500’ long. I have surveyed all of the property acquisitions over the years.
The airport commission obtained a boundary line survey last year by another firm. The survey found a 9-acre tract that had been conveyed to the county from the country club in 1965 which includes a fairway and a couple of greens. I was not aware of this transfer and nobody at the country club was aware. All those running the club at that time are no longer around. The club officers contacted me to see what could be done.
I don’t know why the club would have ever transferred part of their golf course back to the county. Maybe the airport needed it to meet FAA requirements. The club has continued to use this property since 1965 and the county does have a warranty deed. I told them I don’t think they have any adverse possession rights since it is owned by the government.
What worries me is that if I had made this recent survey I might have overlooked the 9-acre transfer. Sometimes, when we think we are familiar with a piece of property, we can overlook something like this.
I just finished an airport survey where the airport acquired the property in 42 different deeds. Talk about a nightmare. I'm still not convinced that I've found every single deed, but I found all I could by running the title and going through the records at the airport.
I have found that the Corps of Engineers surveyed a lot of the boundaries for the WWII army air fields in Nebraska. Of course finding the plats can be difficult since they didn't record them. At the Lincoln, Nebraska air field they set 4" concrete posts with a brass plug in the center. L.A.F.B. (Lincoln Air Force Base), C E (Corps of Engineers). Not sure what the A.S.-7 is unless it is a sequence number. At another base, I have found concrete posts with a large "US" inprinted in the side of the post and a lead plug in the top. Sometimes they didn't honor existing sections corners, but just laid out the boundaries at 90° and at 1320' or 2640' distances.
Is it possible that the transfer was intended for an avigation easement or some other type of airspace requirement?
Are there stipulations that the country club can still use the land for the golf course and nothing else?
> Our local airport was originally a training base constructed in 1942. After the war the property was transferred to the county. In the late 50’s a portion containing a golf course was conveyed from the county to the local country club. Over the years improvements have been made to the airport and the existing runway is now 6,500’ long. I have surveyed all of the property acquisitions over the years.
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> The airport commission obtained a boundary line survey last year by another firm. The survey found a 9-acre tract that had been conveyed to the county from the country club in 1965 which includes a fairway and a couple of greens. I was not aware of this transfer and nobody at the country club was aware. All those running the club at that time are no longer around. The club officers contacted me to see what could be done.
>
> I don’t know why the club would have ever transferred part of their golf course back to the county. Maybe the airport needed it to meet FAA requirements. The club has continued to use this property since 1965 and the county does have a warranty deed. I told them I don’t think they have any adverse possession rights since it is owned by the government.
>
> What worries me is that if I had made this recent survey I might have overlooked the 9-acre transfer. Sometimes, when we think we are familiar with a piece of property, we can overlook something like this.
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I would wonder if there was a conveyance back to the country club at some point? And, did the use at the country club exist prior to the conveyance to the county?
Also, does the airport commission = the county, or is it a private organization that leases the land from the county?
I'm thinking along the lines as Richard, DOT tends to "take" properties around their airports just for that reason. I have lots that are deeded to a gold mining company from 80 years ago that are included in their easements.
-JD-
The timing is about right for a federal program that was intended to create a general aviation airport in every county in the U.S. I don't remember much about it other than local government and private airport owners were jockeying to get federal funding about that time. The federal requirements may have included room for future runway expansion and approach lighting. I know local government funding was one of the requirements.
Where I lived at the time there was a private airport that lobbied to be named as the county airport. It was at the center of the county and within a mile of an interstate highway entrance. Instead an airport near the southwest corner of the county and 10 miles from any major highway was selected. Claims of good old boy politics made the local news and caused quite a stir for a few weeks.
Have not been able to locate any conveyance back to the country club. There is no written agreement for the club to use the property. In 1999 a new runway was constructed 400 feet west of the old runway. The club owns on the east side so there is no need that the county has for this property.
Could be it was for a noise abatement easement. Pretty common around here.
Noise and abatement were never connected in 1965. Much like fiscal and cliff or edible and panties.
If this ends up in court, hopefully the judge likes to play golf.
instead of being a local pilot?
Say, Bob, I know a Bob Nichols in Nashville at Regan Smith, any kin?
Don
