§ 40G — Protection of airport approaches; removal of structures and trees; compensation

Section 40G. (1) In any case in which, in the opinion of the city council of a city, or the selectmen of a town, in which the real estate hereinafter referred to is located, or owning the airport in question, the public interest requires the establishment of protection to the approaches of a publicly owned airport by the acquisition of certain real estate or rights in real estate in the vicinity of such airport rather than by airport approach regulations, such city or town may take by eminent domain under chapter seventy-nine or chapter eighty A, or acquire by purchase or otherwise, such air rights, easements or other estate or interest in such real estate as will provide adequate protection. A city or town which has acquired real estate or rights therein as aforesaid may from time to time in like manner take or otherwise acquire additional real estate or rights therein, or may discontinue in whole or in part rights already so acquired.(2) Whenever airport approach regulations have been adopted or amended and the public safety and convenience require the removal or lowering of a structure or tree not conforming to such regulations, as adopted or amended, or require other interference with the continuance of any such non-conforming structure or tree, the city or town owning the airport to which such regulations relate may take by eminent domain under chapter seventy-nine or chapter eighty A, or acquire by purchase or otherwise, the land upon which such structure or tree stands, or such an air right, easement or other estate or interest therein, as may be necessary to effectuate any purpose of sections forty A to forty I, inclusive.(3) If the adoption of airport approach regulations under section forty A in itself constitutes the taking of the property, or of rights in property, of any person, he may recover under said chapter seventy-nine compensation for such taking from the city or town in which the airport to which such regulations relate is situated, by petition filed in the superior court within two years from the time when such regulations were recorded as provided in said section forty A. If the owner of property so taken has applied for a variance under section forty D within one year after such regulations were so recorded and his application is in whole or in part denied, he may file his petition for damages within one year after the mailing to him of a notice of the denial of his application or within two years after the recording of the regulations, whichever period ends later. If the adoption and recording of airport approach regulations under section forty A is held to constitute a taking of property or of rights in property, such taking and the adoption of such regulations shall not be deemed to be invalid because the requirements of chapter seventy-nine with respect to the taking of property, notice thereof and the award of damages were not complied with.