§262-11  Acquisition of air rights. When (1) it is desired to remove, lower, or otherwise terminate a nonconformingstructure or use; or (2) the approach protection necessary cannot, because ofconstitutional limitations, be provided by airport zoning regulations underthis chapter; or (3) it appears advisable that the necessary approachprotection be provided by acquisition of property rights rather than by airportzoning regulations, the director of transportation on behalf of the State mayacquire, by purchase, grant, or condemnation in the manner provided by chapter101, such air right, aviation easement, or other estate or interest in theproperty or nonconforming structure or use in question as may be necessary orproper to effectuate the purposes of this chapter, including acquisition of afee simple estate. [L 1965, c 140, pt of §1; Supp, §17A-11; HRS §262-11]