§ 3-113. Acquisition of air rights.

In any case in which:

(1) It is desired to remove, lower, or otherwise terminate a nonconforming structure or use; or (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this act; or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the political subdivision within which the property or nonconforming use is located or the agency or political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which the agency or political subdivisions are authorized to acquire real property for public purposes, such air right, aviation easement, or other estate or interest in the property of nonconforming structure or use in question as may be necessary to effectuate the purpose of this act.

Laws 1945, p. 14, § 13; Amended by Laws 1986, c. 20, § 13, eff. Nov. 1, 1986.