3-711

Chapter 3.--AIRCRAFT AND AIRFIELDS
Article 7.--ZONING REGULATIONS

      3-711.   Acquisition of air rights; eminent domain.In any case in which: (1) It is desired to remove, lower, or otherwiseterminate a nonconforming structure or use; or

      (2)   the approach protection necessary cannot, because of constitutionallimitations, be provided by airport zoning regulations under this act; or

      (3)   it appears advisable that the necessary approach protection beprovided by acquisition of property rights rather than by airport zoningregulations, the political subdivision or subdivisions owning, controllingor operating the airport may acquire, by purchase, grant, or condemnationin the manner provided by the law under which political subdivisions areauthorized to acquire real property for public purposes, such air right,navigation easement, or other estate or interest in the property ornon-conforming structure or use in question as may be necessary toeffectuate the purposes of this act.

      History:   L. 1947, ch. 13, § 11; June 30.