Air rights over private property.

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When necessary in order to provide unobstructed airspace for the landing and taking off of aircraft utilizing airports acquired or maintained under the provisions of this chapter, the division and the counties, municipalities, and other subdivisions, including duly constituted airport commissions and special purpose districts of this State may acquire air rights, including aviation easements, over private property necessary to ensure safe approaches to the landing areas of the airports, and for the purpose of establishing and protecting airports and runways. These air rights may be acquired by grant, purchase, lease, or condemnation pursuant to the provisions of the Eminent Domain Procedure Act (Chapter 2, Title 28).

HISTORY: 1962 Code Section 2-105; 1952 Code Section 2-105; 1942 Code Section 7112-37; 1937 (40) 466; 1987 Act No. 173 Section 35; 1993 Act No. 181, Section 1293, eff July 1, 1993; 2012 Act No. 270, Section 4, eff June 18, 2012.

Effect of Amendment

The 1993 amendment substituted "division" for "Commission".

The 2012 amendment rewrote this section.


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