2011 South Dakota Code
Title 50 AVIATION
Chapter 10. Airport Zoning
§50-10-28 Acquisition of property by purchase, grant, or condemnation--Circumstances under which acquisition authorized.
50-10-28. Acquisition of property by purchase, grant, or condemnation--Circumstances under which acquisition authorized. In any case in which:
(1) It is desired to remove, lower, or otherwise terminate a nonconforming use;
(2) The approach protection necessary according to the commission's airport approach plan cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or
(3) It appears advisable that the necessary approach protection be provided by acquisition of property rights;
the political subdivision within which the property or nonconforming use is located, the political subdivision owning the airport or served by it, or the commission, shall acquire by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such an air right, easement, or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purposes of this chapter.
Source: SL 1943, ch 2, § 9; SDC Supp 1960, § 2.0516; SL 2010, ch 227, § 65.
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