Sec. 15-74. Removal of obstructions to air navigation.
Sec. 15-74. Removal of obstructions to air navigation. (a) The commissioner
shall notify the owner or person responsible for the existence of any obstacle so located
as to constitute a hazard to aerial navigation or to the efficient or safe use of any airport,
requiring such owner or other person to remove such obstacle within such reasonable
time as is fixed by said commissioner. The owner or owners of such airport shall pay
to the owner of such obstacle just compensation for such removal.
(b) In the case of an application for an approval or a license from the commissioner
for a commercial airport, if there is any obstacle at or near the landing area which would
violate the minimum physical standards for commercial airports adopted by the commissioner under section 15-41 and the removal of such obstacle is a prerequisite for the
approval or license, the commissioner shall notify the owner or person responsible for
the existence of the obstacle, requiring him to remove it within such time as the commissioner determines. The applicant for the approval or license shall pay the owner of the
obstacle just compensation for its removal.
(c) Any person aggrieved by the action of said commissioner in relation to the
removal of an obstacle under subsection (a) or (b) of this section may appeal therefrom
to the superior court for the judicial district within which such obstacle is located or to
any judge thereof in vacation; but, if the ground of appeal is a disagreement as to the
amount of such compensation, the removal of such obstacle shall not be delayed pending
the determination of such amount.
(1949 Rev., S. 4829; 1969, P.A. 768, S. 185; 1971, P.A. 870, S. 41; P.A. 76-436, S. 353, 681; P.A. 78-280, S. 1, 127;
P.A. 83-238.)
History: 1969 act replaced "commission", referring to aeronautics commission, with "commissioner", referring to
commissioner of transportation; 1971 act replaced superior court with court of common pleas, effective September 1, 1971,
except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced
court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 78-280
deleted reference to counties; P.A. 83-238 made existing section Subsecs. (a) and (c) and added Subsec. (b), providing for
removal of obstacles at or near certain landing areas.
Cited. 185 C. 145.