§ 8-22-3-14 — Establishment of restricted zones; eminent domain; 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 establish by ordinance or ordinances a restricted zone or
zones of 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 an approach angle
necessary for safety for the usual type of operation that is conducted at
the airport or landing field. If the authority was established under IC 19-6-3 (before its repeal on April 1, 1980), this action is subject to
approval by the fiscal body of any eligible entity within or coterminous
with the boundaries of the district.
(b) The board may acquire by condemnation or purchase, upon the
payment of due compensation, 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 that interfere with
the gliding angle or as much of any structure or trees that interfere with
the gliding angles. When a restricted zone or zones has been
established, a permit issued by a department or office of an eligible
entity or by any state or other authority for the erection of any structure
extending into such zone or zones is effective only if approved by the
board. Establishment of a restricted zone or zones outside of an airport
or landing field, in connection with the condemnation of the 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 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 so prescribed.
(c) The part of a restricted zone that extends below fifty (50) feet
measured vertically from the land may be established only by purchase
or proceedings in eminent domain. That part of a restricted zone that
is fifty (50) or more feet above the surface of the land is in effect
immediately upon the adoption of a zoning ordinance. However, the
owners of land beneath a restricted zone have the right to recover
damages that may be proven in an action brought for that purpose. In
an action for damages the owner has the burden of proving damage by
reason of the establishment of the restricted zone.
(d) The zoning jurisdiction granted in this section is exclusive
against jurisdiction granted by any other statute unless the other statute
specifically provides otherwise. In case of conflict with any airport
zoning or other regulations promulgated by an eligible entity, the
regulations adopted under this section prevail.
(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, the 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. However, this section
does not apply to the location, relocation, erection, construction,
change, alteration, maintenance, removal, use, or enlargement of any
buildings or structures on lands owned by a public utility or railroad.
[Pre-Local Government Recodification Citations: 19-6-2-16;
19-6-3-19; 19-6-3.5-18.]
As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980,
P.L.79, SEC.2; P.L.3-1990, SEC.41.