Accession Number : ADA318867

Title :   The Fifth Amendment Takings Implications of Air Force Aircraft Overflights and the Air Installation Compatible Use Zone Program.

Descriptive Note : Master's thesis,

Corporate Author : AIR FORCE INST OF TECH WRIGHT-PATTERSON AFB OH

Personal Author(s) : King, Walter S.

PDF Url : ADA318867

Report Date : 30 SEP 1996

Pagination or Media Count : 94

Abstract : The Air Force's challenge will be to minimize potential takings litigation while accomplishing its mission in the face of demands placed upon it by base closures, base realignments, and encroachment. This paper will begin by addressing the development of the law governing Fifth Amendment takings for overflights of aircraft, examine the potential impacts that the Supreme Court's decision in Lucas v. South Carolina Coastal Commission will have on future litigation in this area, and discuss the defenses available to the Air Force in such cases. Next, the Air Force's Air Installation Compatible Use Zone Program and the takings implications of the program will be discussed. The paper will then conclude with a brief discussion of recent takings legislation proposed in Congress and its potential impact on takings claims associated with overflights and the AICUZ program.

Descriptors :   *MILITARY AIRCRAFT, *REGIONS, *AIR FORCE FACILITIES, *LITIGATION, *OVERFLIGHT, IMPACT, INFORMATION EXCHANGE, RESOURCE MANAGEMENT, LEGISLATION, MILITARY BUDGETS, BASE CLOSURES, AIRCRAFT NOISE, MILITARY DOWNSIZING, LOCAL GOVERNMENT.

Subject Categories : Aircraft
      Sociology and Law
      Geography
      Logistics, Military Facilities and Supplies

Distribution Statement : APPROVED FOR PUBLIC RELEASE