It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land and other persons in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared:
 1. That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question.

Terms Used In Iowa Code 329.2

  • Airport: means any area of land or water designed and set aside for the landing and take-off of aircraft and utilized, or to be utilized, in the interest of the public for such purposes. See Iowa Code 329.1
  • Airport hazard: means any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C. See Iowa Code 329.1
  • Obstruction: means any tangible, inanimate physical object, natural or artificial, protruding above the surface of the ground. See Iowa Code 329.1
  • property: includes personal and real property. See Iowa Code 4.1
 2. That it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented.
 3. That this should be accomplished, to the extent legally possible, by proper exercise of the police power.
 4. That the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which municipalities may raise and expend public funds, as an incident to the operation of airports, to acquire land or property interests therein.
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