(a) It is found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is declared that:

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Terms Used In Tennessee Code 42-6-102

  • Airport: means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes. See Tennessee Code 42-6-101
  • Airport hazard: means any structure or tree or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft. See Tennessee Code 42-6-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(1) The creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question;
(2) It is, therefore, necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and
(3) This should be accomplished, to the extent legally possible, by exercise of the police power, without compensation.
(b) It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein.
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