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



(1)  That the creation, maintenance, or establishment
of an airport hazard is a public nuisance and an injury to the community served
by the airport in question; therefore, it is necessary in the interest of the
public 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 extent
legally possible, by exercise of the police power, without compensation.



It is further declared that both the prevention
of the creation, maintenance, or establishment of airport hazards and the
elimination, removal, alteration, mitigation, or marking and lighting of
existing 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.