ELR Citation: ELR 20196
No(s). 837-799 (Cal. Super. Ct. Feb 5, 1970)

Noise caused by jet aircraft flying over or near residential properties in the neighborhood of Los Angeles International Airport that results in a substantial diminution in the market value of these properties, constitutes a "taking or damaging" of property within the meaning of the California Constitution art. I, §14. California law of inverse condemnation allows recovery where property value has been lessened even in absence of actual trespass. Since the evidence demonstrates that all property within specific distances from the offending aircraft flight patterns is as exposed to noise as property directly underneath the airport glidepaths, no reasonable basis exists in law or fact for distinguishing between property damaged by "fly over" noise and property damaged by "fly by" noise. The suit was filed within one year after the noise complained of had stabilized. The action therefore is not barred by the statute of limitations. The public convenience and necessity of jet transportation does not justify the uncompensated damaging of the property of persons living in close proximity to landing and takeoff light patterns. The general public that benefits from jet air travel must pay for this convenience through compensation of those who disproportionately suffer its consequences.

Counsel for Plaintiffs:
Lyle C. Ellis
James C. Slonne
Ellis & Slonne
1263 Westwood Boulevard
Los Angeles, California
(213) 879-1933

Counsel for Defendants:
John Haggerty Deputy City Attorney
1 World Way
Los Angeles, California 90009
(213) 485-2121