§ 62-2209. Acquisition of air rights.

In any case in which:

(1)

It is desired to remove, lower or otherwise terminate a nonconforming use;

(2)

The approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations; 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 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, such an air right, easement or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purposes of this chapter.

(Code 1979, § 14-20.18(I))