In any case in which:

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

Terms Used In Tennessee Code 42-6-113

  • Airport: means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes. See Tennessee Code 42-6-101
  • Political subdivision: means any municipality or county. See Tennessee Code 42-6-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(2) The approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this law; or
(3) It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations;

the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may 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.

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