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Proposed FAA restrictions could impact Phoenix developments

Those who are considering developing property in Phoenix or any other city in Arizona must be aware of the legal complexities that might arise. Developers may face issues related to land acquisition, zoning, and development agreements. Yet, even when one thinks he or she knows all the rules and regulations that apply to his or her situation, things can change quickly, threatening to put their development dreams on hold.

This may happen to several developers in Phoenix and Tempe. Recently, the Federal Aviation Administration proposed a new regulation that would restrict building height near airports. Real estate professionals in the area are concerned the new restrictions could significantly affect the future development of land near Phoenix's Sky Harbor International Airport and the Phoenix-Mesa Gateway Airport, as well as Mill Avenue in Tempe and downtown Phoenix. Such restrictions could slow economic growth in the area and may create additional hurdles not only for those thinking about developing in these areas, but also those who have already begun the process.

Real estate professionals are therefore urging the FAA to reconsider its proposed restrictions. The administration will consider how building height will affect airplanes' take-off and landing capabilities, especially under emergency situations. Airlines have already voiced concerns that taller buildings could affect the number of passengers and the amount of cargo their planes can carry. However, Arizonans will have to wait to see if the regulation is in fact enacted.

The real estate and development business is rarely easy. Therefore, it is often best for parties involved to be fully informed of their legal rights and what actions may be in their best interest. A local attorney may be of great help here, helping real estate professionals and developers draft contracts that will help them avoid litigation and protect their best interests.

Source: The Phoenix Business Journal, "Arizona real estate group presses FAA to ditch building height restrictions," Mike Sunnucks, July 18, 2014

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