§ 2-04-13 — Acquisition of air rights

In any case in which:
1. It is desired to remove, lower, or otherwise terminate a nonconforming structure or
use;
2. The approach protection necessary 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,
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 the law under which political subdivisions are authorized to acquire
real property for public purposes, such air right, navigation easement, or other estate or interest
in the property or nonconforming structure or use in question as may be necessary to effectuate
the purposes of this chapter.