Noise from military airplanes, military jets and commercial aircraft housed at and visiting Dobbins ARB aka Dobbins AFB aka Dobbins Joint Use Base in Marietta GA is out of control.The AFB has been home to many missions including 94th Airlift Wing, 22nd AF, 700th Airlift Squadron, and Naval Air Squadron among several other missions moving in and moving out over the last several years. According to reporting in the Atlanta Journal Constitution, the base has more than 7,700 takeoffs and landings every month which equates to  235 flights daily. Many citizens of Marietta Georgia are simply tired of the extreme and incompatible** noise from Dobbins AFB aka Dobbins ARB which has also recently been called Dobbins Joint Use Base to include joint use tenants.  All of these joint use tenants are required to be included in the AICUZ* studies. (Joint Use Air Force Base defined)
**Incompatible meaning according to Federal Law, "Any noise level louder than 65dB-DNL threshold over Residential Property."

This is the F-22 noise we hear when we are inside our homes and only 1150 feet from the end of the newly extended runway. Perhaps it is because according to one independent Environmental Testing we are in the 85 decibel level.

Our Quality of Life, Property Rights and Property Values are under attack from our own Military. "Living here is like living in hell" as one resident of Fair Oaks put it.

The US Air Force says it has no money in its’ budget to pay fair market value for the residential properties it has effectively taken by changing the flight patterns of the Dobbins Air Force base. We cannot see how they can afford to put on an Air Show yet not buy out the homeowners whose properties they have destroyed. We demand they should stop the Air Show and use that money saved to make the Fair Oaks neighborhood property owners in the Dobbins flight path whole. It is not our problem that MILCON did not put money in our budget and instead chose to steal our property rights.

PLEASE  SIGN OUR PETITION if you want to put your name in to petition and request the October 16 & 17, 2010 Air Show cancellation and the money be used instead to buy us out. Take a look at an AIR SHOW CRASH video. In Fair Oaks we live in this flight path every day and sleep in this flight path every night.

POLITICIANS WHO DO ABSOLUTELY NOTHING TO HELP

Listen to our interview on National Syndicated Radio on Sunday night, June 19th, 2010 at 10:05 PM EST on THE COMMON SENSE SHOW. 
We are also on with Host: Dave Hodges on The Common Sense Show on August 1, 2010 at 10:30 PM EST - We are in the process of starting a National Coalition. Stay tuned.
Read part 1 "Powerbrokers, Pimps and Prostitutes" by Dave Hodges.
Read part 2 "Powerbrokers, Pimps and Prostitutes" by Dave Hodges.
Read part 3 "Powerbrokers, Pimps and Prostitutes" by Dave Hodges.
If you want to know more about the Military Industrial Complex and how we as Americans are getting shafted read more articles  at Freedom's Phoenix.

NO MANDATORY AICUZ REPORTS SINCE 1998 - 12 YEARS AGO

It appears that NO AICUZ (Air Installations Compatible Use Zone Program which is a Program concerning base neighbors, their comfort, safety and protection from such things as noise) studies for compatibility have been done since 1998 (See 1998 AICUZ Report selected pages only here). The last Environmental Assessment of the Conversion of the 700th Airlift Squadron at Dobbins Air Reserve Base done in September of 1999 by Headquarters Air Force Reserve Command Environmental Division Robins AFB Georgia was not followed up by AICUZ report(s) or AICUZ updates as requested by Cobb County Georgia on August 5th 1999 by Cobb County Georgia Board of Commissioner Chairman Bill Byrne. Currently acting as the Chairman of the Board is Woody Thompson who has been asked by these Citizens of Marietta Georgia to have access to any AICUZ reports at the Cobb County Offices and as of this date, May 28th, 2010 no reports have been supplied for the Citizens review however Woody Thompson has now turned this task over to Rob Hosack, AICP Director, Cobb County Planning and Zoning. Rob Hosack says the matter is closed after the Air Force Land Use and Environmental Litigation Attorney Cara M. Johnson wrote a letter and stated it was inappropriate for any information to be supplied to me. Seems that Rob Hosack and Cobb county really don't care about any other of the Citizens of Cobb County including the Fair Oaks Elementary School children exposed to the noise. What about the other 679,324 residents living in Cobb county? (Cobb county Population in 2006 from the Office of Economic Development Statistics Report) Does their safety and well-being matter to Cobb county officials? Apparently not as Rob Hosack has stated this file is "closed" even though all of the other Citizens of Cobb County are still in the noise area and Dobbins is contradicting the Air Force Mandatory Reporting Rules and Regulations by not doing any AICUZ and an EIS Reports for the last 12 years (since 1998).

Note there have been no new AICUZ reports or Environmental Impact Statements filed with Cobb County since 1998 according to Dana Johnson at the Cobb County Georgia zoning board. Contact your Cobb county representative today and ask about the Public meetings and the incompatible land use information.

FRAUD BY COBB COUNTY INC.

Is this fraud by Cobb County Georgia and Dobbins ARB aka Dobbins AFB aka Dobbins Joint Use Base or is this an error and omission as defined under the United States of America statutes?  Or is it simply Cobb county officials ignoring the health, safety and well-being of the Citizens of Cobb county along with Dobbins? Noise from aircraft is pollution and excessively loud noise damages hearing and health.
NEPA compliance by Dobbins ARB is being investigated and a Freedom of Information Act Request has been sent to Dobbins ARB. Updates and findings will be reported on this web page.

LEGISLATION PASSED IN 2003 NOT FOLLOWED

Why is the Legislation Addressing Encroachment Issues that Sonny Perdue signed in 2003 not followed? See the last paragraph of this article where NGA recommended five strategies and note number (4) acquiring property surrounding military installations. We don't want to live in a clear zone and a flight path. See the letter from the Georgia Department of Community Health about us living in a flight path.

RUNWAY 11 WAS EXTENDED AND CAUSED THE NOISE TO INCREASE

Runway 11 was extended in 2004 however no noise study has been found for this runway extension to advise Cobb county or the Citizens of Marietta Georgia of the incompatibilities of the Runway 11 Extension to the Citizens properties. No noise mitigation was offered to our knowledge or ever done on any of the affected properties. As a matter of fact, there are airplanes and jets flying out of Runway 11 since 2005 that have actually put Citizens of Cobb County in Marietta Georgia in a FLIGHT PATH that is 44 feet AGL (above Ground Level) effectively making their homes and properties unlivable, unusable  and totally worthless due to the excessive and incompatible noise. These taxpaying citizens as Cobb County Georgia property owners have in good faith requested to be bought out by the United  States of America and have received pitiful puny offers of  a few thousand dollars by the Assistant United States Attorneys Mina Rhee, Neeli Ben-David (who called ME a liar twice at my 8 hour deposition -  when I had recollected a number incorrectly-see disclaimer at the bottom of this page) and David Nahmias (all previously fighting criminals) representing the United States of America and the Department of Defense in payment of an Avigation Easement that gives the  United States of America the right to post signs on our fences, remove any buildings and trees from my property, limit any smoke, electronic emissions, bird feeders or anything else that may interfere with the Airplanes and Jets flying 40 feet above ground level in the flight path. This easement also gives the United States of America the right to come onto our property anytime they want (trespass) which is 24 hours, 7 days a week.  Is the United States of America asking to be a co-tenant in possession?  The property rights of American Citizens are some of the most cherished and valued rights we have. Why would the United States of America try to rip off the poor and the aged by making their homes and properties unlivable and then not paying them JUST COMPENSATION? I ask you if constant noise interruptions, conversation interruptions and being woken up at night fearing an airplane is landing or crashing on your roof is humane? I ask you if a loss in value is so total as to make my property unlivable, unsalable and so loud that no one even wants my property at all if the just compensation should be $200.00? I cannot buy another house for $200.00-I cannot even rent an apartment or a mobile home for $200.00.  My home has been up for sale for months and my real estate agent says as soon as she discloses that my property is in a flight path potential buyers are not interested at all. No one wants to live in a flight path because it is not livable. My property value has been completely destroyed by the United States of America.

OUR ATTORNEYS WILL NOT FIGHT THE GOVERNMENT

We are 5 families that were represented by attorneys until they met with the Federal District Attorneys then our attorneys quit. It seems that before meeting with the Federal District Attorneys our attorneys discuss getting us fair market value, attorney fees and relocation according to the Federal Uniform Relocation Act. Once they meet with the Federal District Attorneys our Attorneys quit.
Our attorneys including ex-Governor Roy Barnes and Charles Tanksley of Barnes Law Group (who did not make it right as their slogan says because after 1 year of having our case they quit as soon as we got our Court notification), Jenny Culler and Donald D. J. Stack of Stack & Associates and our last attorneys Warren Power and PatrickJaugstetter of Power, Jaugstetter and Futch -  who quit all 5 cases the week after a "mediation" where nothing was mediated as we the 5 Property Owners and Taxpaying Citizens of Cobb County Georgia were told that by the mediator we "better accept what offers were given as we weren't going to get anything else". - Warren Power and PatrickJaugstetter of Power, Jaugstetter and Futch  who we suspect may  have been intimidated, paid off or threatened by the Federal District Attorneys as no real reason for quitting the cases were given in their withdrawal letters (just some kind of mumbo jumbo about a fluid test costing lots of money).

WHEN IS A MEDIATION NOT A MEDIATION?

The mediation itself was ordered by Judge J. Owen Forrester of the United States District Court for the Northern District of Georgia Atlanta Division United States of America vs.Kim Goodman Civil No: 1:08-CV-03526-JOF  United States District Judge J. Owen Forrester in Atlanta Georgia. Then the poor and aged homeowners were told to pay $750.00 for the mediation which was clearly not a mediation. Seems to me that it was the "good ole' boy network" getting some money for the mediator David H. Flint of Schreeder, Wheeler & Flint, LLP. As a matter of fact how could it have been a mediation if my own attorney, Warren Power told me he would not present  my counter offer? This mediation was ordered by the Court and then immediately billed in the amount of $750.00 to the TAXPAYING CITIZENS left with worthless homes and properties (If you can't live in them, can't sell them and can't rent them - then they are worthless.). UPDATE: IT APPEARS JUDGE J. OWEN FORRESTER IS IN THIS PROPERTY THEFT RACKET AS WELL AS JUDGE FORRESTER HAS DELAYED THE COURT CASE HEARING IN FRONT OF THE COMMISSIONERS FOR OVER 6 MONTHS. JUST ENOUGH TIME FOR A NEW AICUZ REPORT TO BE ISSUED BY HIS PARTNERS IN INJUSTICE, DOBBINS AFB. IT REALLY DOESN'T MATTER THAT THERE IS A NEW AICUZ THOUGH AS THE EASEMENT STILL GIVES THE SCUMBAGS THE RIGHT TO FLY 40 FEET OVER MY LAND, ON TOP OF MY HOUSE AND THEY CAN FLY AS MANY PLANES AS THEY WANT, OF ANY KIND THEY WANT WHENEVER THEY WANT AND AS LOUD AND LOW AS THEY WANT SO THE JOKE IS ON THEM SUCH A BUNCH OF STUPID IDIOTS. NO CLUE WHAT THEY ARE EVEN DOING EXCEPT TO BE CORRUPT  THIEVES USING THEIR POWER AGAINST PROPERTY OWNERS. AS THE STORY UNFOLDS, IT APPEARS THAT A FEDERAL DISTRICT PARALEGAL WOULD NOT DO AN ILLEGAL AND NASTY JOB AGAINST THE HOMEOWNERS AND IT IS SAID THAT THE PARALEGAL WAS FIRED OVER IT, SO IF YOU THINK THE FEDERAL DISTRICT ATTORNEYS ARE LEGAL AND UPRIGHT, YOU NEED TO RETHINK YOUR THOUGHTS. THEY ARE THE BIGGEST SCUMBAGS OF ALL -  DOWN AND DIRTY, STEALING AND LYING SCUMBAGS. THEY ALL BELONG IN PRISON WITH THE KEYS THROWN AWAY.

WHY DO WE HAVE TO AGAIN FIGHT FOR OUR
CONSTITUTIONAL RIGHTS?

As a note here, Federal Law allows the landowner to demand a jury determining the amount of compensation to be paid to the owner who loses his or her property through condemnation. The problem here is that we can't locate an attorney who will fight the government and legally require the government to do the right thing by buying out our properties for fair market value, attorney fees and the Uniform Relocation Act money as of the actual date of the taking in 2005. Our attorneys all quit. See our Inverse Condemnation Case filed 12-7-09 however our useless attorneys Warren Power and Patrick Jaugstetter of Power, Jaugstetter and Futch quit.

THE REMAINING 4 FAMILIES OF FAIR OAKS GA ARE FIGHTING IN THE UNITED STATES COURT OF CLAIMS. The United States Court of Federal Claims  Judge Lynn J. Bush on Court of Claims 1:09-CV-00839-LJB Kim Goodman vs. United States of America (Inverse Condemnation) filed in Washington DC is one such case. WE ARE TRYING TO GET OUR JUST COMPENSATION - THE VALUE OF OUR HOMES - SO THAT WE CAN BE REIMBURSED FOR THE LOSS OF OUR HOMES. AS LOW TO MIDDLE INCOME PROPERTY OWNING AMERICAN CITIZENS WHO ARE FIGHTING THEIR OWN BATTLE IN COURT AGAINST THE UNITED STATES OF AMERICA, we are perhaps a very small David fighting Goliath. A sad situation that many Americans are in now. The United States of America could have done the right thing and bought us out but instead they chose to steal, plunder and rob from us our very homes. To date there are over 20 foreclosed homes in Fair Oaks, 10 abandoned homes, several of which are boarded up and due for condemnation and tear down. There are now vagrants, homeless and drug lords moving into these historic and modest homes. The crime has increased and the neighborhood has turned into a shell of it's former self. There are no longer masses of Fair Oaks that gave Fair Oaks it's name - only flattened stumps of 175 to 300 year old Oak trees left in their place. The noise is worse than ever - the beautiful and once Majestic Oak trees can no longer protect us from the ever-present aircraft noise that leaves one with ringing ears for days and startles one to the bone whenever they scream over our homes. "The Startle Effect is caused by low flying military aircraft flying in a very concentrated narrow corridor " (USDI, 1995) such as our home in the flight path at Dobbins JARB in Marietta GA.

WHEN FEDERAL ATTORNEYS ARE NOT ACTING IN GOOD FAITH AND
GOVERNMENT IS WASTING TAXPAYERS MONEY ON FUN PLAY BY BURNING UP MILLIONS IN AIRPLANE FUEL OVER OUR HOMES

Are the Federal Attorneys threatening our attorneys? Why? Surely if the Dobbins Air Show or Department of Defense or the United States of America or whoever it is can pay $4,000,000.00 (purportedly)  for the cost of Fuel at the 2007 Air Show then they can buy out our modest homes for a lot less than that - (we are probably the only five families left in the flight path.) Perhaps if the October 2010 Air Show was cancelled the Taxpayer's money could be used to buy out the noise and pollution affected neighborhoods like Fair Oaks instead of burning up jet fuel and wasting money. From Wikipedia "1989 A-7 Corsair II and 1993 C-130 Hercules plane crashes into residential areas near the base raised questions of safety in having a base in such a densely-populated suburban area. The airfield now sits in a vast sea of urban development. Flying demonstrations at air shows were discontinued some years ago because of safety concerns, although the Navy hosted an air show in 2004, and the Air Force hosted another in 2007. The Air Force plans to have another in late 2010."  Dobbins ARB needs to do the right thing not the fun thing. PLEASE  SIGN OUR PETITION if you want to put your name in to petition and request the October 16 & 17, 2010 Air Show cancellation and a buyout for the only 4 families left fighting the government bully. Our property values and quality of life have been destroyed by the United States of America.


"HUD policy as described in 24 CFR 51, Subpart D, is that assistance for construction or major rehabilitation of any real property located on a clear zone site is prohibited for a project to be frequently used or occupied by people." See HUD regulation page concerning CLEAR ZONES and ACCIDENT POTENTIAL ZONES.

FAIR OAKS IN MARIETTA GEORGIA GIVING UP THE FIGHT AND TURNING INTO A SLUM BECAUSE OF LOCAL COBB COUNTY GOVERNMENT AND DOBBINS ACTIONS

It seems many of the other families living at Fair Oaks in the flight path subjected to the horrible noise and other devastating effects of Jet Fuel Residue and sleeplessness have either let their homes get foreclosed, or just plain boarded their homes up and left them empty to deteriorate, be condemned and eventually be torn down.  The once beautiful and historic homes in FAIR OAKS neighborhood in Marietta Georgia now look like a war zone and the neighborhood sounds like a war zone. Many of the old growth giant Oak trees have been cut down and the red lights on the telephone poles are indeed a warning to the JETS AND PLANES flying out of the base to avoid crashing into them. The Air Force reports state that 27% of accidents happen in the Clear Zone which is also what our homes are located in. No buildings or trees should be allowed in a Clear Zone which is a dangerous and unfriendly place to be according to the Air Force's own reports (See page 3-1).  Perhaps this "easement" buyout for a few hundred dollars will facilitate Cobb County to eventually obtain the Base and turn it into Cobb County Commercial Airport without spending any money for the easements and the properties as the properties are first made worthless by the overflights and then later are condemned by Cobb County and have already been made worthless. Why it seems to me that Cobb County wouldn't have to do much of anything to turn this into a Commercial Airport as the zoning and the worthless properties can be bought out for a few hundred dollars from Dobbins ARB - Fraud on the part of Cobb County as well as the government of the United States of America.


MY PERSONAL LOSSES TO DATE:
I have lost over $190,000.00 of value on my home - along with $59,000.00 worth of improvements done between 1998 and 2004 AND I also paid around $34,000.00 worth of mortgage payments for 51 months when my house was empty while the government used "klopping" to reduce my property value to almost nothing and WARREN POWER - ANOTHER WORTHLESS (IN MY OPINION) ATTORNEY HAS PUT A LIEN OF OVER $10,000.00 ON MY PROPERTY EVEN THOUGH IT WAS A CONTINGENCY CONTRACT I SIGNED. SO THE UNITED STATES OF AMERICA HAS ALREADY COST ME MORE THAN $293,000.00 AS IT ACTS LIKE A GIANT FORNICATING STOMPING GORILLA WITH NO REGARD FOR ME AS A CITIZEN OF THE UNITED STATES OF AMERICA. AND I AM STILL HOMELESS - MY HOUSE IS BEING FORECLOSED ON SEPTEMBER 7TH BECAUSE I CAN'T LIVE IN IT, CAN'T SELL IT AND CAN'T RENT IT.  NO ONE WANTS TO LIVE IN A FLIGHT PATH WITH SIGNS ALL OVER THE FENCE STATING THE GOVERNMENT CONTROLS THE PROPERTY AND AIRPLANES FLYING 44 FEET ABOVE GROUND LEVEL. SOUNDS LIKE A PRISON OR JAIL OR COMMUNIST RUSSIA. I WILL NOT SHARE MY PROPERTY RIGHTS I PAY FOR AS AN AMERICAN CITIZEN WITH THE MILITARY. I WILL NOT ALLOW THEM TO BE A CO-TENANT IN POSSESSION. MY CREDIT IS NOW RUINED BY THE FORECLOSURE AS WELL.

NEPA VIOLATIONS FOR 12 YEARS

It appears that Dobbins AFB or Dobbins ARB or Dobbins Joint Use Base is in violation of NEPA (National Environmental Protection Agency)  regulations and have even violated their own mandatory Air Force reporting rules by not supplying Cobb County Georgia and the Public with updated and current AICUZ studies to insure the safety, health and well-being of the United States of America Citizens in Marietta Georgia. Public meetings have not been any part of this undeniable and hostile noise and property rights takeover by Dobbins ARB or whatever their name is now.

DOBBINS & GOVERNMENT STEALING PROPERTY RIGHTS

The only public meeting we are aware of is the 2006 meeting at the Fair Oaks Neighborhood Association that was organized and run by the Citizens of Fair Oaks (us) that the Air Force Officials were invited to so any questions could be answered. The Air Force Officials attending the meeting attempted to block information posters about the NOISE and property value loss that the Citizens put up on the walls. The Air Force Officials also asked meeting attendees to leave their own (Homeowner's) meeting.

A  2 decibel level change in noise triggers the action to produce an AICUZ but Dobbins ARB aka Dobbins AFB aka Dobbins Joint Use Base appears to have failed to produce the required and mandatory documents and also probably violated NEPA responsibilities for identifying aircraft housed at the base prior to actual placement. Public scoping hearings are also required to ensure  compatibility and safety.  Dobbins ARB aka Dobbins AFB aka Dobbins Joint Use Base failed to produce a valid CEQ, NEPA, EIS or AICUZ Reports since 1998.  AICUZ reports are required to be done on a semi annual basis or whenever the decibel level increases 2 decibels. Is this again another violation of Department Of Defense Policy requirements to operate a military base? The entire base command is negligent in not generating these required and mandatory reports.See AFI 32-7063. Also see DoD 4165.57. Robins AFB is the headquarters for Dobbins ARB per officials at the Pentagon.

AIR FORCE BASES HARMING MANY NEIGHBORING CITIZENS IN THE USA

Many Air Force Bases in the United States have been relocated due to noise issues in communities and encroachment. It would appear that the BRAC 2005 realignment was perhaps instituted for these reasons. Nonetheless, citizens everywhere left in these areas surrounding the Air Force Bases need to be protected.

OTHER NOISE LAWSUIT CASES

"The Congress declares that it is the policy of the United States
to promote an environment for all Americans free from
noise that jeopardizes their health or welfare."

NOISE CONTROL ACT of 1972

If you are a citizen affected by the NOISE from Dobbins ARB or Dobbins AFB or Dobbins Joint Use Base or another Air Force Base please let us know. 

  Noise and Its Effects.

 

AIR FORCE MANDATORY REPORTING IGNORED BY DOBBINS

*Per the Air Installation Compatible Use Zone Study as required under the guidance of the Air Force AICUZ Program in Air Force Instruction (AFI) 32-7063., Air Installations Compatible Use Zone Program, which implements DOD Instruction 4165.57, Air Installations Compatible Use Zones.  And as outlined in Air Force handbook 32-7084 March 1 1999, AICUZ Program manager’s Guide for AICUZ study production.  And as required for 5.1 AICUZ (Environmental Impact Statement) and 2.3.3 AICUZ Updating for an increase in 2-dB-DNL, 2.1.1 every 2 years in AICUZ Data Validation which is also part of NEPA (National Environmental Protection Agency Process).  This mandatory reporting should include specific information  regarding all assigned aircraft at Dobbins plus all training and visiting aircraft listed.   Mapping of designated CZ (Clear Zone) APZ1 – (Accident Potential Zone 1), and APZ2 (Accident Potential Zone 2) should also be included in the AICUZ report. Also see DoD Noise Program 3030.03,  and DoD 4715.9 Environmental Planning and Analysis.

This is a NON-Profit Public Information Web-site with no connections to Dobbins AFB/ARB/Joint-Use Base. All rights reserved. Copyright 2010. Disclaimer: All numbers, opinions and information are the webmaster's recollections and research and are not necessarily as the United States of America or it's representatives sees them or interprets them or has shoved them down my throat. I was not told to leave my home - I was driven out of my home by the NOISE of the aircrafts and the FEAR of living in a flight path where 84,000 planes fly out a year.
The information contained herewithin is to the best of my knowledge and recollection as I know and interpret it at the time of posting.