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R� <br /> Through the Fence Operation - <br /> A "through the fence" operation is the use of a public landing area by <br /> aircraft based on land adjacent to, but not a part of the airport property. <br /> A perimeter fence may be an imaginary or constructive one. In some cases , <br /> special taxiways have been built for this type of operation. <br /> Rights and Duties of Airport Owner: <br /> .The obligation to make an airport available for the use and benefit of the <br /> public does not impose any requirements to permit access by aircraft from <br /> adjacent property. On the contrary, the existence of such an arrangement <br /> has been recognized as an encumbrance upon the airport property itself . <br /> Orders governing administration of ADAP indicate that a sponsor' s title to <br /> airport land so encumbered does not meet the land interest requirement for <br /> a Federal-aid project unless the sponsor retains the legal right to , and in <br /> fact does , require the off-site property owner or occupant to conform to all <br /> respects to the requirements of any existing or proposed grant agreement. <br /> Safety Consideration: <br /> Arrangements that permit aircraft to gain access to a public landing area <br /> from off-site properties introduce additional hazards and complicate the <br /> control of vehicular and aircraft traffic. The construction of additional <br /> ' taxiways , the protection of additional intersections along airport perimeter <br /> roads , and frequently the basic airport layout itself, when designed to <br /> accommodate landing area access from multiple perimeter locations , represents <br /> a substantial and continuing burden for the sole benefit and convenience of <br /> such landholding neighbors. Depending on the volume and type of flight <br /> activity, the hazards of such an arrangement may well result in severe curtailment <br /> of the user potential of the airport . If one adjacent land owner is permitted <br /> direct access to the airport, a precedence will have been established under <br /> which conceivably all adjacent land owners could also demand access resulting <br /> in several and possibly many direct access taxiways . <br /> Practical Consideration: <br /> The owner of a public airport is entitled to seek recovery of his initial <br /> and continuing costs of providing a public use landing area. Historically, <br /> he has been urged and encouraged--in the interests of promoting general <br /> aviation—to refrain from direct assessment of user charges except for <br /> those engaged as common carriers for hire . Since enactment of the Airport <br /> and Airway Development Act of 1970, the owners of airports receiving <br /> Federal funds have been required to establish a fee and rental structure , <br /> designed to make the airport as self-sustaining as possible . Most public <br /> airports seek to recover a substantial part of airfield operating costs <br /> directly, through various arrangements relating to commerical activities . <br /> The development of aeronautical enterprises on land uncontrolled by the <br /> owner of the public airport cannot but result in a competitive advantage to <br /> service• to`•they flying public. To equalize this imbalance the airport owner <br /> 1 should attempt to obtain from any off-base enterprise a fair return for its <br /> use of the landing area . <br /> }}eems� <br /> d' mi f3E.vG <br />