“No Navy Easement” Deception

EIS Deception: No Navy Easement

The Navy says there is no Navy easement over properties in Admiral’s Cove.

Title insurance is purchased for protection.

No one wants to purchase property and later find that the Navy has a permanent easement to fly Growler jets low, right over Admiral’s Cove homes, flying operations that have, and could again, exceed 30,000 a year. That is why people purchase title insurance – to eliminate such a horrible possibility.

How did Admiral’s Cove property owners learn there is an easement?

In 1992, forty-six property owners filed an action against the United States (Navy) alleging that the Government took their private property for public use without paying just compensation in violation of the Fifth Amendment. Low altitude flights are illegal everywhere.  The Supreme Court has ruled “takings” at altitudes under 500 feet.  But, after a long, expensive, and devastating battle, they lost because the Navy has an easement to fly loud and low over their homes. They learned that what the Navy can do is determined by what they have done, over a period of time, decades ago:

  • They can fly 30,000 operations a year, low over roof-tops, because that is what  they did in the 1990s.
  • They can fly Growlers because they claim they produce the same noise level as Prowlers.

As owners have come and gone over the years, no one knows of the easement except those that get close to actually suing the Navy, who under any other circumstances would be violating the Fifth Amendment.

Why isn’t this easement discovered during a title search?

If the Navy had seen to it that their easement was recorded, no home owner would suffer this awful surprise. The easement would show up in each title search and the appropriate decision could be made.  Because it does not, unsuspecting buyers are trapped.  Even people who receive a noise disclosure will not know how much worse their problem could become.  As the Navy vastly expands where it flies, homeowners in the surrounding areas must fight this battle early, before an easement is established.

Does the Navy want this easement revealed?

The Navy fought the plaintiffs in these proceedings.  Rich Meliss, the NASWI Liaison, was among those who took an active role.  The Navy proved they had the easement, then did not record it.  Now, the Navy denies it exists, as revealed in the following email correspondence with Navy Liaison Jennifer Meyer just last year when she was asked if an easement existed over a home in Admiral’s Cove. After the question was asked, Jennifer requested the parcel number.  After it was provided, she responded that the Navy does not own an easement. Click to enlarge.

easement email

The Navy does not want this easement revealed except as the bottom line in any legal battle.  The Navy will win, using any means necessary to accomplish their mission. Only Congress can ensure that military objectives are achieved in a humane way.

Read the entire ruling in ARGENT v US

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