72-10-413. Purchase or condemnation of air rights or navigation easements.
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Effective 5/3/2023
72-10-413. Purchase or condemnation of air rights or navigation easements.
A political subdivision owning the airport, whether or not the airport is located within the territorial limits of the political subdivision, or a political subdivision that is served by the airport may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, an air right, an avigation easement, or other estate or interest in the property or nonconforming structure or use in question if:
(1)it is desired to remove, lower, or otherwise terminate a nonconforming structure or use;
(2)the approach protection necessary cannot, because of constitutional limitations, be provided by airport land use regulations under this part; or
(3)it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations.
Amended by Chapter 65 , 2023 General Session