The Fifth Amendment Takings Implications of Air Force Aircraft Overflights and the Air Installation Compatible Use Zone Program.
AIR FORCE INST OF TECH WRIGHT-PATTERSON AFB OH
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The Air Forces 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 Courts 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 Forces 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.
- Sociology and Law
- Logistics, Military Facilities and Supplies