United States v. Lilly Lind Brondum and Barthel P. Brondum, Owners of Tract No. J-923-E

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 The district judge’s direction of the trial and his charges to the jury were based on the error, and as a consequence the easement granted was not the easement described…