§ 63-36. Acquisition of air rights. - North Carolina Statutes

§63‑36.  Acquisition of air rights.

In any case in which:

(1)        It is desired toremove, lower, or otherwise terminate a nonconforming use; or

(2)        The approachprotection necessary cannot, because of constitutional limitations, be providedby airport zoning regulations under this Article; or

(3)        It appears advisablethat the necessary approach protection be provided by acquisition of propertyrights rather than by  airport zoning regulations,

the political subdivision withinwhich the property or nonconforming use is located or the political subdivisionowning the airport or served by it may acquire, in the manner provided by thelaw under which municipalities are authorized to acquire real property forpublic purposes, such an air right, easement, or other estate or interest inthe property or nonconforming use in question as may be necessary to effectuatethe purposes of this Article.

If any political subdivision,or if any board or administrative agency appointed or selected by a politicalsubdivision, shall adopt, administer or enforce any airport zoning regulationswhich results in the taking of, or in any other injury or damage to anyexisting structure, such political subdivision shall be liable therefor indamages to the owner or owners of any such property and the liability of thepolitical subdivision shall include any expense which the owners of suchproperty are required to incur in complying with any such zoning regulations. (1941,c. 250, s. 8.)