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accomplished through the Building Code. However, certain sound atterJUB,ti.on measures can be inserted in the Building Code and referred to for specific areas through the zoning ordinance and Subdivision RegUlations. 'l11i.s is most easily enforced throogh the building permit prooec1ure. If new subdivisions are developed in the vicinit.y of the airport, or if there apPears to be interest in new residential construction in the immediate environs, code revisions should be CXI18idered. DiEect ~ - R:. Y! lls An easement is the right. of one owner of land to make lawful and beneficial use of the land of another. It is a limited right, not an estate or fee, in the land of another. Easements are probably the secxmd most desirable means of land use controls after the fee simple ownership. Easements can be classified as one of two tyPes, depel1ding on wJlat type of interest is involved. . A positive easement is one in which the owner of the easement has the right to do something with the land, where a negative easement is one where the landowner gives up his right to do sanething. '!be right to construct an access road across someane's property is an example of a positive easement, compared to a landowner who gives up his right to build a tower, which is a negative easement. Many times both posi ti ve and negative easements are acquired in the same piece of property. ~~ts may be acquired through grant, gift, device, acquisition, or condemnation. Many times, the purchase of an easement is as expensive as outright fee simple purchase. '!be acquiring of easements by condemnation are usually restricted to certain types outlined in state enabling legislaticm. and, many times, noise easements are not specifically mentioned in the legislation. In addition to oaxJemnaticm. by the governmental. body, private landowners sometimes use the doctrine of inverse condemnation to gain compensation of low flying aircraft that have impacted their property. The Texas State Statute authorizing airports to condemn land does not specifically include noise easements, so it may be questionable if noise easements can be acquired thrcugh condemnation (Title 34, Vernon's Ann. Civ. St- Art. 46D). - - - - Avigation easements are a prime and common example of the type of easement commonly acquired by an airport, and could be of special interest at San Marcos Municipal Airport due to the requirement to protect the approach to Runway 12-30. An avigation easement is the limi ted right purchased from an owner by an airport which allows aircraft to fly over the property, and to limit the height of objects at the burdened property within awroach zones. An easement allows the owner to retain title to the property and to use it, but also allows the airport to protect its approaches. 6.5