67-6-301. Acquisition of property rights when zoning not sufficient. The political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by the airport may acquire, by purchase, grant, or condemnation pursuant to Title 70, chapter 30, an air right, aviation easement, or other estate or interest in the property or nonconforming structure or use that is necessary to effectuate the purposes of this chapter. The governmental entity may acquire an interest when:
     (1) it is desirable to remove, lower, or otherwise terminate a nonconforming structure or use;
     (2) the necessary approach protection cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or
     (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations.

     History: En. Sec. 12, Ch. 287, L. 1947; R.C.M. 1947, 1-721; amd. Sec. 38, Ch. 125, L. 2001.