§ 1-2-3 - Acquisition of land.
SECTION 1-2-3
§ 1-2-3 Acquisition of land. – (a) The department of transportation may, with the approval of the governor,and subject to the provisions of chapter 6 of title 37, acquire, by purchase orcondemnation, any land or any estate or interest in land within this state thatit may deem necessary for a suitable airport or landing field, but in no eventshall the department obligate the state in excess of the sums appropriated forthat purpose. No land or estate in this state owned and used by any railroadcompany shall be taken by condemnation under this chapter until after a hearingbefore the public utilities administrator of this state and until the consentof the public utilities administrator to the taking is given.
(b) No airport, landing field, or any runway or approach zoneshall be enlarged or extended in any city or town unless the assistant directorfor airports or his or her successor or other person or officer exercising hisor her functions filed in the office of the city or town clerk of the city ortown in which the expansion is proposed a plan drawn to scale showing theexisting airport and runways, the planned extensions or lengthening of theexisting runways, any and all public highways crossed by the extensions, andlots and parcels of land within a one mile distance of the proposed extensions,together with a delineation of any approach zone required by the extension andan identification of every parcel of land that requiring a taking in order toaccomplish the extension together with a brief statement describing the work tobe undertaken in extending the runway. The plan and statement shall be filed atleast twelve (12) months before any physical construction work begins on anyextension of runway or airport expansion.
(c) The assistant director for airports shall also, at thetime plans are filed with the clerk, file a notice in a newspaper havinggeneral circulation in the city and town, setting forth that the plan has beenfiled in the office of the city or town clerk and giving notice to theresidents of the city or town of the proposed runway extension or airportexpansion.
(d) The plan and statement shall be open to public inspectionin the office of the city or town. A public hearing shall be held in the cityor town at least six (6) months prior to any construction on the proposedrunway or airport expansion by the assistant director at the time and place inthe city or town set forth in the notice referred to in subsection (c).
(e) The governor has the authority in any emergency declaredby him or her to authorize the enlargement or extension of any runwaynotwithstanding any other provision of this chapter.