§ 28-8463 — Acquisition of facilities or nonconforming property; exception

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.

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.