TagAvigation Easement(17)

In September 2017, Des Moines, WA resident Steve Edmiston sent a certified letter demanding that the Port of Seattle and the FAA stop increased flight operations over his historic Woodmont neighborhood, arguing that no avigation easement had ever been granted over his property. He cited a dramatic rise in aircraft noise, vibrations, fumes, and nighttime flights linked to expanded use of Sea-Tac's third runway and new navigation procedures, noting that commercial operations at the airport had nearly doubled since 2003. The letter also included a formal public records request for documents related to flight procedure changes made after February 14, 2012, and outlined legal grounds under which affected homeowners may still seek damages despite general noise liability limitations.

This is a proposed court order from the King County Superior Court in the case of Kebede Admasu et al. v. the Port of Seattle, in which the Port sought summary judgment against plaintiffs based on express avigation easements tied to Sea-Tac Airport. The order lists the numerous declarations and filings considered by the court, including submissions from both the Port and affected property owners. The case centers on whether recorded avigation easements legally shield the Port from noise and property-related claims brought by neighboring residents.

King County Superior Court Memorandum Opinion by Judge Bruce E. Heller in Kebede Admasu et al. v. Port of Seattle, Cause No. 09-2-22569-9 KNT. Port of Seattle seeks summary judgment against 126 plaintiffs owning 96 properties subject to avigation easements, in a suit by 300+ residents near Seattle-Tacoma Airport for inverse condemnation, nuisance, and trespass

This Avigation Easement, granted by property owners Robert P. Dobosh and Shelly Arebalo-Dobosh to the Port of Seattle, gives the Port permanent, non-exclusive rights to unrestricted aircraft flight over their residential property at 15049 32nd Place S in SeaTac, Washington. The easement was granted in exchange for the Port's noise-reduction modifications to the home under Washington State law (R.C.W. 53.54.030), and establishes a baseline noise level of 67 DNL for the parcel based on the Port's 1991 FAA-accepted noise contour map. The easement runs permanently with the land, binding all future owners and waiving their rights to claim damages from aircraft noise or related airport activities.