§ 1-3-3. Declaration of policy.
It is found and declared that an airport hazard endangers the lives and property of
users of the airport and of occupants of land and other persons in its vicinity and
also, if of the obstruction type, in effect reduces the size of the area available
for the landing, taking off, and maneuvering of aircraft, thus tending to destroy
or impair the utility of the airport and the public investment in the airport. Accordingly,
it is declared:
(1) That the creation or establishment of an airport hazard is a public nuisance and an
injury to the community served by the airport i
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§ 1-3-3. Declaration of policy.
It is found and declared that an airport hazard endangers the lives and property of
users of the airport and of occupants of land and other persons in its vicinity and
also, if of the obstruction type, in effect reduces the size of the area available
for the landing, taking off, and maneuvering of aircraft, thus tending to destroy
or impair the utility of the airport and the public investment in the airport. Accordingly,
it is declared:
(1) That the creation or establishment of an airport hazard is a public nuisance and an
injury to the community served by the airport in question.
(2) That it is necessary in the interest of the public health, safety, and general welfare
that the creation or establishment of airport hazards be prevented.
(3) That this should be accomplished, to the extent legally by proper exercise of the
police power, without compensation.
(4) That 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 the state and its political subdivisions may raise and
expend public funds and acquire land or property interests.
(5) That any obstructions to the use of navigable airspace destroy and impair the safe
use of such airspace thereby endangering aircraft and are not in the interest of public
health, public safety, or general welfare.