Utah Code 72-10-209. Acquisition of air rights — Condemnation
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(1) To provide unobstructed air space for the landing and taking off of aircraft using airports acquired or maintained under this chapter, the department and a county, municipality, or airport authority may acquire the air rights over private property necessary to insure safe approaches to the landing areas of the airports.
Terms Used In Utah Code 72-10-209
- Aircraft: means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air. See Utah Code 72-10-102
- Airport: means any area of land, water, or both, that:(8)(a) is used or is made available for landing and takeoff;(8)(b) provides facilities for the shelter, supply, and repair of aircraft, and handling of passengers and cargo;(8)(c) meets the minimum requirements established by the department as to size and design, surface, marking, equipment, and operation; and(8)(d) includes all areas shown as part of the airport in the current airport layout plan as approved by the Federal Aviation Administration. See Utah Code 72-10-102
- Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(2) The air rights may be acquired by grant, purchase, lease, or condemnation in the same manner provided under Section 72-10-205 for the acquisition or expansion of airports.