The Sacramento airport is located 15 miles from the edge of the city proper. When the airport was first built in 1967, the airport was located almost 20 miles from the edge of the city proper. Between 1967 and 2009, the edges of the city expanded toward the airport. Some of the housing developments from 2006-2008 are located just 5 miles from the airport. The owners of those home have now filed complaints against the city and the FAA for nuisance because of the noise from the planes taking off and landing directly over their homes. Which is the best defense for the city and FAA?
A)The landowners moved to the nuisance
B)Airplane noise is always exempt from nuisance actions
C)The city and FAA will need to move the airport; there really is no noise abatement for planes flying overhead
D)Federal law preempts state nuisance laws
Question 2
A, B and C own property as joint tenants with right of survivorship. C makes an inter vivos conveyance to D. C's actions:
A) Are ineffective - D must return the property.
B) Are effective provided the other joint tenants consented.
C) Are effective and D is a tenant in common.
D) None of the above
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