72-10-413 - Purchase or condemnation of air rights or navigation easements.
72-10-413. Purchase or condemnation of air rights or navigation easements.
A political subdivision within which the property or nonconforming use is located or thepolitical subdivision owning the airport or served by it may acquire, by purchase, grant, orcondemnation in the manner provided by the law under which political subdivisions areauthorized to acquire real property for public purposes, an air right, navigation easement, or otherestate 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 oruse;
(2) the approach protection necessary cannot, because of constitutional limitations, beprovided by airport zoning regulations under this part; or
(3) it appears advisable that the necessary approach protection be provided by acquisitionof property rights rather than by airport zoning regulations.
Renumbered and Amended by Chapter 270, 1998 General Session