Utah Code 72-10-413. Purchase or condemnation of air rights or navigation easements
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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;
Terms Used In Utah Code 72-10-413
- Airport: means any publicly used area of land or water that is used, or intended to be used, for the landing and take-off of aircraft and utilized or to be utilized in the interest of the public for these purposes. See Utah Code 72-10-401
- Avigation easement: means an easement permitting unimpeded aircraft flights over property subject to the easement and includes the right:(5)(a) to create or increase noise or other effects that may result from the lawful operation of aircraft; and(5)(b) to prohibit or remove any obstruction to such overflight. See Utah Code 72-10-401
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Political subdivision: means any municipality, city, town, or county. See Utah Code 72-10-401
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Structure: means any object constructed or installed by man, including buildings, towers, smokestacks, and overhead transmission lines. See Utah Code 72-10-401
(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. - Land: includes :