Chesapeake homeowner puts home off limits to low flying aircraft; puts city on notice of action against airport

Subject: Property Rights of Richard “Steve” & Catherine Haynes
3408 West Landing Drive, Chesapeake Virginia


  1. This ENTIRE property is now posted, DO NOT TRESPASS. IMMEDIATELY Cease and Desist all IFR flight below 500 ft above the property at 3408 West Landing Drive, Chesapeake Va., caused by published IFR procedures.

  2. IMMEDIATELY TURN OFF ANY & ALL electronic equipment (ILS, VOR etc – RW 5 IFR Approach) that would cause aircraft flight below 500 ft above the property at 3408 West Landing Drive, Chesapeake Va.

  3. IMMEDIATELY Cease and Desist any and all flights below 800 Ft over this property, as per testimony of William J. Hearring Sr. - Chairman of Chesapeake Airport Authority (CAA), to Chesapeake Planning Commission. This was in response to citizens expressing safety concerns and opposing any and all expansion of Chesapeake Municipal Airport (CMA) at a public Chesapeake Planning Commission meeting.

  4. Immediately enforce VFR landing & Take Off traffic patterns provided to Chesapeake citizens in 1995, by the CAA. See enc.1 and 2.

I have tried, since 1992, to get the attention of the Chesapeake Airport Authority and Chesapeake City Council concerning Safety, Operations and Expansion at CMA.

This Authority and City knew in 1975 there would be a noise problem south of Cornland Road, prior to ANY construction at the Airport or flights from/to Airport property.

This Authority and City also knew what needed to be done to insure surrounding property would be compatible with this Airport and the CAA current and long range plans. Please read Department of Planning Memorandum, to the City Manager dated 6-18-1975, in the CAA records.

This Authority and City failed to take the necessary actions, to prevent the problems of today.

This and many other failures by the CAA have brought us to the situations of today. The situation has gone from an annoyance to feeling great anger with each low over flight. From an occasional low over flight (1992) to where I find myself feeling violated today.

I have looked closely at my property deed. I can not find where I have given up any property rights to this Authority, City of Chesapeake, or the FAA. Unless I have missed something in my deed, I have NOT and will NOT convey ANY rights to “any” part of my property to this Authority, City of Chesapeake or the Federal Government.

In my Conversation with FAA Washington I am told, “If there is a problem, it will have to be directed at the local authorities”. She went on to state “The CAA had to sign assurances that the kinds of issues I was raising were not problems” and the Federal Government made their decisions on these assurances that the CAA provided prior to receiving any grant funding.

I am of the opinion that if the CAA has conveyed any of my property rights to the FAA, it was done fraudulently.

Additionally from looking at a fairly recent Master Agreement (MA), signed 8/13/2003, it would seem that there might have been some real problems with the CAA request for monies to expand the runway (RW). We were unable to find a signed master agreement or assurances for this major RW expansion project. I was told that there probably was little difference between what was signed then as to what is on record today.

If this were true I would have the opinion that the request to the FAA, for funding to lengthen the RW, was fraudulent. I base this opinion on items 6, 7, and 9 (page 9) of the present MA (enc 3).

Item 6. Consistency with local plans. Where are these plans and where are the problems, raised by this local community since 1992, addressed in these plans?

Item 7. Consideration of Local Interest. Please show me where any consideration was given to this local community, in or near this airport. The only consideration we have been given of late has been “We are doing the best we can, but it will probably get worse as we expand”.

Item 8. Public Hearings. When and where were these Public Hearings held in regard to the expansion of the runway at CMA? Where is a copy of the transcript of this hearing? We had clearly identified ourselves as interested parties in 1992, and have continued to do so. Why were we NOT notified directly of this hearing? Who from our neighborhood was the voting member of the CAA board or when were we advised that we had the right to petition the Secretary concerning expansion of the RW at CMA?

Action item #3 above is relevant because the Chairman of the Chesapeake Airport Authority stood up at a public City Planning Commission meeting and made the following statement, to all City Planning Commission Members, in regard to our concerns of low flying aircraft.

“I do not understand why these citizens are complaining about low flights, as we NEVER fly over their homes below 800 feet and there for, there is no problem with low flying aircraft.

I expect the CAA Chairman’s statement to be enforced as stated to the Chesapeake Planning Commission.

Enclosure 1 & 2 show VFR landing & take off patterns, for CMA that was given to us by the CAA. These were given to us to show that the VFR landing pattern would in no way over fly our property.

I DEMAND that these VFR landing/take off patterns be followed, as provided to residents by the CAA (Enc 1 & 2). I would like to know what disciplinary actions the CAA and or the FAA are going to take if they are violated.

I am of the opinion that that the Chesapeake Airport Authority and the City of Chesapeake have been guilty of gross negligence in the initial planning and the on going expansion of this airport at a minimum.

Additionally the Federal Government needs to look closely at all assurances/information/dealing with the Chesapeake Airport Authority closely.

I did not create this problem. The CAA and the City of Chesapeake have created it, and they MUST bear full responsibility for the mess it has created for the citizens of Chesapeake.

Please make no mistake concerning my intentions and resolve in regards to this airport and its operations. I will defend my property rights with the same vigor that I defended my country and our Constitution for 27 years.


Steve Haynes