§ 424:10 — Acquisition of Air Rights

In any case in which: (1) it is desired to remove, lower, or otherwise terminate a nonconforming use; or (2) the approach protection necessary according to the department's airport-approach plan cannot, because of constitutional limitations, be provided by airport zoning regulations hereunder; or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the town within which the property or nonconforming use is located, the town owning the airport or served by it, or the governor and council, upon recommendation of the department, may acquire, by purchase, grant, or condemnation in the manner provided by law by which towns or the governor and council are authorized to acquire real property for public purposes, such an air right, easement, or other estate or interest in the property or nonconforming use in question, and so may acquire a substitute property, structure and easement and convey the same to anyone whose structures, easements and property are or may be a nonconforming use, as may be necessary to effectuate the purposes hereof.

Legislative History

1941, 145:9. RL 51:86. RSA 424:10. 1985, 402:6, I(c)(3).