497.270 - Eminent domain.
497.270 Eminent domain.
1. In any case in which:
(a) It is desired to remove, lower or otherwise terminate a nonconforming structure, tree or use;
(b) The approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or
(c) It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations,
Ê the political subdivision within which the property or nonconforming use is located, or the political subdivision owning the airport or served by it may acquire, by purchase, grant or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire property for public purposes, such air right, avigation easement or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of this chapter.
2. In the case of the purchase of any property or any easement or estate or interest therein, or the acquisition of the same by condemnation, the political subdivision making such purchase or exercising such power shall, in addition to the damages for the taking, injury or destruction of property, also pay the cost of the removal and relocation of any structure or equipment of any public utility which is required to be moved to a new location.
[26:205:1947; 1943 NCL § 5064.26]