Kansas Statutes 3-711. Acquisition of air rights; eminent domain
Terms Used In Kansas Statutes 3-711
- 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, and also means any military airfield. See Kansas Statutes 3-701
- Political subdivision: means those now or hereafter authorized by the laws of this state to acquire, operate, maintain or regulate an airport or airports, acting singly or jointly, and also means those within or partly within fifty thousand (50,000) feet of a military airfield control tower. See Kansas Statutes 3-701
- Property: includes personal and real property. See Kansas Statutes 77-201
- Structure: means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines. See Kansas Statutes 3-701
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 or subdivisions owning, controlling or operating 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, such air right, navigation easement, or other estate or interest in the property or non-conforming structure or use in question as may be necessary to effectuate the purposes of this act.