A. If it is desired to remove, lower or otherwise terminate a nonconforming structure or use, if the approach protection necessary cannot be accomplished by airport zoning regulations under this article because of constitutional limitations or if 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 political subdivision owning the airport or served by it may acquire by purchase, grant or condemnation in the manner provided by law under which political subdivisions are authorized to acquire real property for public purposes the air right, navigation easement or other estate or interest in the property or nonconforming structure or use in question as necessary to fulfill the purposes of this article.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Arizona Laws 28-8463

  • Airport: means an area of land or water that is designed and set aside for the landing and taking off of aircraft and that is utilized or to be utilized in the interest of the public for those purposes. See Arizona Laws 28-8461
  • Political subdivision: means a city, town or county and includes a school district. See Arizona Laws 28-8461
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Structure: means an object that is constructed or installed by a human including a building, tower, smokestack or overhead transmission line. See Arizona Laws 28-8461
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215

B. Land owned or held for use for and in connection with the transportation of United States mail and transportation of property in interstate commerce and all structures on the land are not subject to this article.