AVIATION LAW- CalPilots Knowledge-Base Series

Is your airport a nuisance? Maybe. Maybe not. A private nuisance exists when the use of one person’s property unreasonably interferes with another’s property. If the use unreasonably interferes with a right of the public it is a public nuisance. The remedy is a court action to abate or mitigate the nuisance. The person bringing the action has the burden of proving a nuisance exists. California legislators have raised the bar for proving existence of an airport as a nuisance. “In any action or proceeding to abate the use of an airport or airpark, proof that the airport or airpark has been in existence for three years constitutes a rebuttable presumption which shall be prima facie evidence that the operation of the airport or airpark does NOT constitute a nuisance.”(California Civil Code 731b.)

By Jay C. White
General Counsel

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