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The airport became a public entity in 1978 when it was purchased by the three cities pursuant to Government Code section 6500 et seq.
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Plaintiffs are homeowners who live adjacent to defendant Burbank-Glendale-Pasadena Airport. For the reasons set forth below, we answer both questions in the affirmative. We are asked to resolve two questions: whether a public entity lacking the power of eminent domain may nonetheless be liable in inverse condemnation and, whether a plaintiff may elect to treat commercial airport noise and vibrations as a continuing, rather than a permanent, nuisance. Gen., as amici curiae on behalf of defendant and respondent. McElhinny, Morrison & Foerster, San Francisco, John K. Logan, City Atty., San Jose, Evet Abt, Deputy City Atty., George Agnost, City Atty. Ira Reiner, City Atty., Los Angeles, James H. Ham, Los Angeles, for defendant and respondent. Kadison, Pfaelzer, Woodard, Quinn & Rossi, Richard K. Bittle, Sacramento, as amici curiae on behalf of plaintiffs and appellants. Belin, Shute, Mihaly & Weinberger, San Francisco, Ronald A. Berger, Santa Monica, O'Donnell & Gordon, Pierce O'Donnell, Steven F. Gideon Kanner, Los Angeles, Fadem, Berger & Norton, Michael M. Schimmenti and Schimmenti, Mullins & Berberian, El Segundo, for plaintiffs and appellants. BURBANK–GLENDALE–PASADENA AIRPORT AUTHORITY, Defendant and Respondent.
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BAKER et al., Plaintiffs and Appellants, v. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.Kenneth L. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.Īlthough unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.
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Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues. Any person acting under authority of this section shall pay the cost of such removal or relocation. Any person authorized to exercise the power of eminent domain for airport purposes may provide, by purchase, gift, devise, lease, condemnation, or otherwise, for the removal or relocation of any airport hazard or the removal or relocation of all facilities, structures, and equipment that may interfere with the location, expansion, development, or improvement of the airport and other air navigation facilities or with the safe approach thereto and takeoff therefrom by aircraft. (b) As used in this section, "property" includes real and personal property and any right or interest therein, whether within, beyond, adjacent to, or in the vicinity of, the boundaries of an airport or airport site, and, by way of illustration and not by way of limitation, includes air rights, airspace, air easements, and easements in airport hazards. (3) Remainder property underlying property taken pursuant to paragraph (2), where permitted by Section 1240.410 of the Code of Civil Procedure. (2) Airspace or an easement in such airspace above the surface of property where necessary to permit imposition upon such property of excessive noise, vibration, discomfort, inconvenience, interference with use and enjoyment, and any consequent reduction in market value, due to the operation of aircraft to and from the airport. (1) Any property necessary to permit the safe and efficient operation of the airport, or to permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards. (a) Any person authorized to exercise the power of eminent domain for airport purposes may acquire by purchase, gift, devise, lease, condemnation, or otherwise: (8547)