MASP votes to condemn hangar

Structure has to be removed to comply with Taxiway Object Free Area

MOJAVE — The Mojave Air and Space Port Board of Directors approved a resolution of necessity to condemn Hangar 927, but will hold off filing the eminent domain complaint against Scaled Composites, the hangar’s owner, to allow good faith negotiations to continue.

The Board voted 3-1 with Director Chuck Coleman dissenting at Tuesday’s meeting. Vice President Robert Morgan was absent.

The airport is working on its Taxiway Rehabilitation Project. Hangar 927 conflicts with the Federal Aviation Administration clearance standards, which prohibit fixed objects within the Taxiway Object Free Area that is part of the airport’s public operations. The FAA is requiring the hangar be removed to achieve compliance.

The appraised value of the hangar is up to $91,000, according to a staff report.

“The completion of the Taxiway Rehabilitation Project by MASP will benefit the public interest and is necessary to address the project,” the report said. “In addition, the project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury.”

The proposed resolution was tabled from the Board of Director’s April meeting to allow time for the parties to negotiate.

“We would like to thank Mojave Air and Space Port for their willingness to work with Scaled Composites to find a fair resolution, including replacement of its flight test asset, hangar 927,” Jason Kelley, vice president of Manufacturing Support for Scaled Composites, said.

He asked that the resolution of necessity hearing be postponed so the parties could continue to work together on a mutually acceptable resolution prior to starting the formal eminent domain process.

Kevin Brogan, a lawyer for Scaled Composites, also requested the Board continue the hearing to allow the parties to attempt to resolve the issue without the formal eminent domain process.

“We believe the principals

have made good progress in that regard,” he said, adding that Scaled Composites is willing to work with the airport to the extent that they have an urgent need to gain possession of the hangar.

To delay the public hearing any further would push up against the airport’s August deadline, District counsel Scott Nave said in response to a question from Board Secretary Diane Barney.

”I’m optimistic that a resolution will be reached,” Nave said.

He recommended the Board proceed with the resolution of necessity but direct counsel not to file the complaint right away.

“We would give Mr. Brogan and Mr. Kelley notice if we believe it comes time to file the complaint,” Nave said, adding they made a lot of progress in the past two weeks.

Brogan said Scaled’s willing to work with the Board on timing issues.