United States v. 15,909 Acres

On September 24 and 25, 1958, a partial trial was had in the above group of cases. Evidence was heard as to certain of the issues with the understanding that their determination was necessary before evidence as to the value of the estates involved was heard. An exception was made in the case of owners of certain tracts who were allowed to testify as to value in order to avoid their return for the conclusion of the trial. The evidence and the briefs filed subsequently were directed to several questions. The most important of these was the nature of the estate taken by the agreement. I am of the view that the evidence shows conclusively that the flight easement alleged to have been taken by the government does not cover the actual taking. The evidence is conclusive that the flight of jets creates noise and vibrations dis■cernable both from the residences and on the property, which seriously impair the availability of the properties involved for residential purposes and diminish their value for such use. Regardless of any ■congressional limitations, the land owner, as an incident to his ownership, has a claim to the superadjacent airspace at such altitude as interferes with his…