§ 8-22-2-9 — Establishment of restricted zones; approaches to airport; zoning jurisdiction

(a) In order to provide free air space for the safe
descent and ascent of aircraft and for the proper and safe use of an
airport or landing field acquired or maintained under this chapter, the
board may, subject to approval and adoption by the fiscal body of the
eligible entity, establish and fix a restricted zone or zones for a distance
in any direction from the boundaries of the airport or landing field so
that no building or other structure is erected high enough to interfere
with the descent of an aircraft at the gliding angle necessary for safety
for the usual type of operation that is conducted at the airport or
landing field. The board may, in the name of the entity, acquire by
condemnation, upon the payment of due compensation as provided in
this chapter, the right to prevent the erection of, and to require the
removal of, all buildings, towers, poles, wires, cables, other structures,
and trees within the zone or zones which interfere with the gliding
angle or as much of any structure or trees that interferes with the
gliding angle. When so condemned a permit issued by a department or
office of the entity or by any state or other authority for the erection of
any structure inside the zone or zones is effective only if approved by
the board.
(b) Establishment of a restricted zone or zones outside of an airport
or landing field in connection with the condemnation of rights in the
land constitutes condemnation and the perpetual annihilation of all
rights of the owners of the property within the zone or zones to erect or
maintain any building or structure that will interfere with the gliding
angle. This result may also be accomplished by absolute condemnation
of the land, with perpetual and irrevocable free license to use and
occupy the land within the zone for all purposes except the erection of
buildings or other structures above the height prescribed.
(c) The jurisdiction of each eligible entity is extended to the
promulgation, administering, and enforcement of airport zoning
regulations to protect the approaches of an airport that is owned by the
entity but located wholly or partially outside the corporate limits of the
entity. In case of conflict with any airport zoning or other regulations
promulgated by an entity, the regulations adopted under this section
prevail.
(d) The zoning jurisdiction granted in this section is exclusive
against jurisdiction granted by any other statute unless any other statute
specifically provides otherwise.
(e) All airport zoning regulations adopted under this chapter must
be reasonable and may not impose a requirement or restriction that is
not reasonably necessary to effectuate the purposes of this chapter. In
determining what regulations to adopt, each eligible entity and joint
airport zoning board shall consider, among other things, the character
of the flying operations expected to be conducted at the airport, the
nature of the terrain within the airport hazard area, the character of the
neighborhood, and the uses to which the property to be zoned is put
and adaptable.
[Pre-Local Government Recodification Citation:
19-6-1-10.]
As added by Acts 1980, P.L.8, SEC.73.