Oops ... I'm suitably embarrassed.
I've heard of such agreements, but I've never been involved in such a case. I assume that such an agreement would be a permanent recorded easement on the land so that it would be binding on all future landowners if the land were sold or subdivided.
I suppose the same type of agreement could apply to satellite antennas. I was once involved in a situation where a new building blocked the view from existing antennas to several satellites near the center of the geostationary orbit. Since no easement existed, the antenna owner had to install new antennas.
In this particular case, the antenna owner was KSDK-TV (NBC Channel 5, St. Louis), and the new building was the Thomas F. Eagleton Federal Courthouse immediately to the south.
The existing antennas were located on the roof of the KSDK studio, a two-story building. Fortunately, it was possible to install the new antennas on the roof of an office tower located next to the studio building. Although the office tower wasn't as tall as the new courthouse building, studies showed that the new antennas could be placed so that they would just "peek" over the courthouse roof.
IANAL, so I won't speculate on how the details are worked out, but some companies do think air rights are important and are willing to pay for them, either because they're doing something with the links that's too profitable to risk interruption (as in the case of a tv station), or where the anticipated costs of moving the path (which might include negotiating leases under time pressure) are so high that they're unthinkable.
If the federal government bought some land that was encumbered by air rights, I wonder if they'd be obligated to honor them: they're not the sovereign that encoumbered the land, so that's another factor. I suppose that insurace would be available, so if any of the readers are in that business, feel free to chime in.
BTW, speaking of "peeking" over another building, can you explain why the fresnel zone around a dish is so large? I know it exists and that I have to allow for it, but I've never understood the reasons.
Bill Horne Temporary Moderator
Please put [Telecom] at the end of your subject line, or I may never see your post! Thanks!
We have a new address for email submissions: telecomdigestmoderator atsign telecom-digest.org. This is only for those who submit posts via email: if you use a newsreader or a web interface to contribute to the digest, you don't need to change anything.