Sec. 15-73. Airport protection privileges. Encroachments prohibited. Standards for determining necessity of taking land.
Sec. 15-73. Airport protection privileges. Encroachments prohibited. Standards for determining necessity of taking land. Where necessary in order to provide
unobstructed air space for the landing and taking-off of aircraft, in case of airports,
heliports and restricted landing areas acquired or operated by the state, the commissioner, and, in case of municipal airports, the municipality, is granted authority to acquire, in the same manner as is provided for the acquisition of property for airport
purposes, easements through or other interests in air space over land or water, interests
in airport hazards outside the boundaries of the airports, heliports or restricted landing
areas, and such other airport protection privileges as are necessary to insure safe approaches to the landing areas of such airports, heliports and restricted landing areas and
the safe and efficient operation thereof. He is empowered to acquire in the same manner
the right of easement for a term of years or perpetually to place or maintain suitable
marks for the daytime marking and suitable lights for the nighttime marking of airport
hazards for the purpose of maintaining and repairing such lights and marks. No person
shall build, rebuild or create or cause to be built, rebuilt or created any object, or plant,
cause to be planted or permit to grow higher any tree or trees or other vegetation, which
encroach upon any airport protection privileges acquired pursuant to the provisions of
this section. Any such encroachment is declared to be a public nuisance and may be
abated in the manner prescribed by law for the abatement of public nuisances, or the
municipality in charge of the airport, heliport or restricted landing area for which airport
protection privileges have been acquired as provided in this section may go upon the
land of others and remove any such encroachment without being liable for damages in
so doing. Before exercising any of the powers conferred herein, the commissioner shall
establish and publish in detailed form, available to the public, the standards which he
has adopted and will apply in making his determination that public convenience and
necessity require the taking of any parcel of land or interest therein.
(1949 Rev., S. 4818; 1967, P.A. 802; 1969, P.A. 768, S. 184; P.A. 85-262, S. 7.)
History: 1967 act required that commission publish standards adopted re determining that land taking is necessary;
1969 act replaced "commission", referring to aeronautics commission, with "commissioner", referring to commissioner
of transportation; P.A. 85-262 extended the provisions of this section to heliports.
Extension and maintenance of clear zones into town require, as condition precedent, approval of town in manner
provided in section 15-79 when land is taken for airport establishment or expansion. 159 C. 453. Sec. 13b-43 and this
section provide a vehicle for a municipality to acquire interests in airport hazards to ensure safe and efficient operation of
an airport. 185 C. 145. Cited. 201 C. 700, 706. Cited. 230 C. 140.