Arapahoe County approves revised airport navigation easement template

At a drop‑in meeting, county attorneys asked the Arapahoe County Board of County Commissioners to approve a revised standard navigation easement template intended to clarify rights near airports and reduce language that legal staff viewed as overbroad.

Matt Hader of the County Attorney’s Office told the board the land development code requires the board to approve the form of navigation easements and that the revised draft focuses the easement on the airspace necessary for airport operations. "So what I'm looking for is your approval for the the new standard navigation easement form that's in the record," Hader said. He told commissioners the edits add a signature block and narrow waiver language so property owners do not inadvertently forfeit claims for unlawful conduct by a neighboring airport.

Hader cited the county’s recent approval of Excel’s Power Pathways project, which "abuts Buckley," as an example of the kind of development for which the template applies. When Commissioner Jeff Baker asked whether the county had faced lawsuits under the existing language, Hader responded, "No challenges that I'm aware of." He also said the earlier template staff provided came from a previous staffer and that Excel’s outside counsel had reviewed the redlines and found the revised language palatable; public property owners such as Denver and Aurora would also need to sign if their property were affected.

After brief discussion, commissioners signaled assent by thumbs‑up. Hader said adopting the cleaner template "establishes the record for the board's approval of the form of the revised navigation easement." The approved template will serve as the county’s standard form for future navigation easements unless a specific case requires different terms.