183.122 Condemnation -- Effect on zoning of adjacent property.

329 words·~1 min read·/ky/chapter-183/183-122

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(1)Where necessary, in order to provide unobstructed air space for the landing and

taking off of aircraft utilizing airports acquired or operated under the provisions of

this chapter, the cabinet is hereby granted authority to condemn and acquire, in the

same manner as is provided for the acquisition of property for airport purposes,

easements through or other interests in air space over land or water, interests in

airport hazards outside the boundaries of the airports and such other airport

protection privileges, together with rights of ingress and egress thereto and

therefrom, as are necessary to insure safe approaches to the landing areas of said

airports and the safe and efficient operation thereof. The cabinet is authorized to

acquire, in the same manner, the right or easement, for a term of years or

perpetually, to place or maintain suitable marks for the daytime marking and

suitable lights or marks for the night marking of airport hazards, including the right

of ingress and egress to and from such airport hazards for the purpose of

maintaining and repairing such lights and marks.

(2)The secretary may, by order, authorize any airport board or governmental unit to

condemn and acquire, with the full power of the Commonwealth, in the manner

provided in the Eminent Domain Act of Kentucky, any of the interests, easements,

airport protection privileges, interests in air space, rights, or hazard marking

privileges described in subsection (1), or any real or personal property. Any

condemnation proceeding which may be necessary for such acquisition, if filed

under this subsection, shall be filed in the name of the Commonwealth on relation

of the secretary of transportation, and of the airport board or governmental unit

making such acquisition.

(3)The authority granted in subsections

(1)and

(2)shall not be so construed as to limit

the right, power, or authority of the state or any municipality or governmental unit

to zone property adjacent to any airport pursuant to any law of this state.