37-1222. Military airport land exchange proposal application; agreement

A. A landowner may apply to the section for assistance in preparing a proposal to exchange the landowner's land for land owned by a federal agency if the landowner's land is wholly or partially in a high noise or accident potential zone or if all of the following apply:

1. The landowner's land is undeveloped land.

2. The landowner's land is zoned for uses that are not compatible with the operation of a military airport as determined by the local jurisdiction.

3. The landowner agrees to a rezoning of the landowner's land to uses that are compatible with the operation of a military airport as a condition of an exchange proposed pursuant to this chapter.

B. An application pursuant to subsection A of this section shall include all of the following:

1. The name and address of the landowner.

2. A description of the location of the subject property.

3. The size of the subject property in acres.

4. A copy of the county tax assessor's map showing the subject property.

5. A copy of the zoning ordinance that applies to the subject property.

6. A list of any improvements that are on the subject property.

7. The current use of the subject property and, to the extent known to the landowner, a history of past uses of the subject property.

8. The landowner's preference for the general location of federal lands to be offered in a proposed exchange.

C. The section shall evaluate each application that it receives pursuant to this section and give written notice to the applicant of acceptance or rejection of the application by the section. If the section rejects an application, the notice shall state the reason or reasons for the rejection and that the rejection is an appealable agency action pursuant to title 41, chapter 6, article 10. If the section accepts an application, the notice shall indicate that the section agrees to assist the landowner in preparing a proposal for the exchange of the landowner's land for federal land if the landowner pays the fee prescribed in section 37-1223, subsection A, paragraph 1.

37-1222. Military airport land exchange proposal application; agreement

A. A landowner may apply to the section for assistance in preparing a proposal to exchange the landowner's land for land owned by a federal agency if the landowner's land is wholly or partially in a high noise or accident potential zone or if all of the following apply:

1. The landowner's land is undeveloped land.

2. The landowner's land is zoned for uses that are not compatible with the operation of a military airport as determined by the local jurisdiction.

3. The landowner agrees to a rezoning of the landowner's land to uses that are compatible with the operation of a military airport as a condition of an exchange proposed pursuant to this chapter.

B. An application pursuant to subsection A of this section shall include all of the following:

1. The name and address of the landowner.

2. A description of the location of the subject property.

3. The size of the subject property in acres.

4. A copy of the county tax assessor's map showing the subject property.

5. A copy of the zoning ordinance that applies to the subject property.

6. A list of any improvements that are on the subject property.

7. The current use of the subject property and, to the extent known to the landowner, a history of past uses of the subject property.

8. The landowner's preference for the general location of federal lands to be offered in a proposed exchange.

C. The section shall evaluate each application that it receives pursuant to this section and give written notice to the applicant of acceptance or rejection of the application by the section. If the section rejects an application, the notice shall state the reason or reasons for the rejection and that the rejection is an appealable agency action pursuant to title 41, chapter 6, article 10. If the section accepts an application, the notice shall indicate that the section agrees to assist the landowner in preparing a proposal for the exchange of the landowner's land for federal land if the landowner pays the fee prescribed in section 37-1223, subsection A, paragraph 1.