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UNITED STATES v. BRONDUM

No. 17786.

272 F.2d 642 (1959)

UNITED STATES of America, Appellant, v. Lilly Lind BRONDUM and Barthel P. Brondum, Owners of Tract No. J-923-E, Appellees.

United States Court of Appeals Fifth Circuit.

December 8, 1959.

Attorney(s) appearing for the Case

Elizabeth Dudley, Roger P. Marquis, Dept. of Justice, Washington, D. C., Perry W. Morton, Asst. Atty. Gen., Keener T. Blackmarr, Asst. U. S. Atty., Mobile, Ala., Ralph Kennamer, U. S. Atty., Mobile, Ala., for appellant.

Chris C. Delaney, Mobile, Ala., D. R. Coley, Jr., Mobile, Ala., for appellees.

Before RIVES, Chief Judge, and BROWN and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

This appeal turns on the distinction between a clearance or obstruction easement and an avigation or flight easement. These terms are not jargon leading to fruitless semantics; not in condemnation proceedings, anyway. In condemnation proceedings they are useful tags to identify distinctive estates in property. Here, the district judge erred in interpreting a clearance easement as an avigation easement.1

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