§262-2  Airport hazards contrary to publicinterest.  An airport hazard endangers the lives and property of users ofan airport and of occupants of land in its vicinity, and in effect reduces thesize of the area available for the landing, taking-off, and maneuvering ofaircraft, thus tending to destroy or impair the utility of an airport and thepublic investment therein.  Accordingly, it is declared:

(1)  That the creation, maintenance, or establishmentof an airport hazard is a public nuisance and an injury to the community servedby the airport in question; therefore, it is necessary in the interest of thepublic health, public safety, and general welfare that the creation,maintenance, or establishment of airport hazards be prevented; and

(2)  That the prevention of the creation, maintenance,or establishment of airport hazards should be accomplished, to the extentlegally possible, by exercise of the police power, without compensation.

It is further declared that both the preventionof the creation, maintenance, or establishment of airport hazards and theelimination, removal, alteration, mitigation, or marking and lighting ofexisting airport hazards are public purposes. [L 1965, c 140, pt of §1; Supp,§17A-2; HRS §262-2]

 

Case Notes

 

  Cited:  17 H. 523, 524.