§ 3-302 — Airport hazard; public nuisance; prevention

(1) It is hereby found that an airport hazard
endangers the lives and property of the users of an airport and occupants
of land in its vicinity and also, if of the obstruction type, in effect reduces
the size of the area available for the landing, takeoff, and
maneuvering of aircraft, thus tending to destroy or impair the utility of
the airport and the public investment therein.
(2) Accordingly, it is hereby
declared that (a) the creation or establishment
of an airport hazard is a public nuisance and an injury to the community served
by the airport in question,
(b) it
is necessary
in the interest of the public health, public safety, and general welfare that
the creation or establishment of airport hazards be prevented, and (c) the prevention of airport hazards should
be accomplished, to the extent legally possible, by the exercise of the police
power, without compensation.
(3) It is further declared
that both the prevention of the creation or establishment of airport hazards
and the elimination, removal, alteration, mitigation, or marking and lighting
of existing airport hazards are public purposes for which political subdivisions
may raise and expend public funds and acquire land or property interests therein.

Legislative History

Source: Laws 1945, c. 233, § 2, p. 683; Laws 2013, LB140, § 2.