2006 New York Code - Acquisition Of Rights And Property Surrounding Airports.

 
    §  355.  Acquisition of rights and property surrounding airports.  Any
  county, city, village or town which has established and is operating, or
  will hereafter establish and  operate,  an  airport,  landing  field  or
  seaplane harbor, is hereby authorized to condemn, or acquire by purchase
  or  gift,  the  right to abate or remove any flight hazard including any
  structure, building, tower, pole, wire, tree or other thing, or  portion
  thereof,  located  within  the flight hazard area being the approach and
  turning zones which lie within three  thousand  feet  of  such  airport,
  landing  field or seaplane harbor or within such greater distance as the
  Federal Civil Aeronautics Administration or its successor may declare to
  be necessary with respect to any particular airport,  landing  field  or
  seaplane  harbor for the approach and turning zones appurtenant thereto,
  and which the governing body of such county, city, village or town shall
  determine to constitute a menace to the safety of  aircraft  using  such
  airport,  landing  field or seaplane harbor, or to the safety of persons
  and property within the flight hazard area above defined, including  the
  right of ingress to and egress from the place upon which such structure,
  building, tower, pole, wire, tree or other thing exists, for the purpose
  of  such abatement or removal. Any such county, city, village or town is
  further authorized to condemn or acquire by purchase or gift, the  right
  to  unobstructed  use  of  such  portion  of  the air space within three
  thousand feet of such airport,  landing  field  or  seaplane  harbor  or
  within  such greater distance as may be certified to be necessary in the
  manner  heretofore  provided  in  this  section  so  that  nothing  will
  interfere  with  the  ascent or the descent of any aircraft at a gliding
  angle of one foot in height to every thirty feet of horizontal  distance
  from the nearest point of such airport, landing field or seaplane harbor
  or  at  such  other  angles  as  may  be  declared  by the Federal Civil
  Aeronautics Administration, or  its  successor,  as  necessary  for  the
  approach  and  turning  zones  with  respect  to any particular airport,
  landing field or seaplane harbor. Any such county, city, village or town
  is further authorized to condemn, or acquire by purchase or gift, for  a
  term  of  years  or  perpetually,  the  right  to  place  and  maintain,
  obstruction markers and/or lights upon any structure,  building,  tower,
  pole,  wire,  tree, or other thing located within three thousand feet of
  such airport, landing field or seaplane harbor or  within  such  greater
  distance  as  may  be certified to be necessary in the manner heretofore
  provided in this section, which the governing body of such county, city,
  village or town  shall  determine  to  constitute  a  menace  to  aerial
  navigation  to  or  from said airport, landing field or seaplane harbor,
  including the right to lay and  maintain  conduits  and  wires  to  such
  obstruction  markers and/or lights.  Any such property or property right
  in any structure, land, building, tower, pole, wire, tree or other thing
  or portion thereof shall be acquired by purchase, if the  county,  city,
  village  or  town is able to agree with the owners on the terms thereof,
  and otherwise any such property or  property  right  in  any  structure,
  land,  building,  tower,  pole,  wire,  tree  or  other thing or portion
  thereof may be taken by acquisition,  in  the  manner  provided  by  and
  subject to the provisions of the eminent domain procedure law.