When:

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

Terms Used In Hawaii Revised Statutes 262-11

  • Airport: means any area of land or water designed and set aside for the landing and taking-off of all aircraft and utilized or to be utilized in the interest of the public for such purposes;

    "Airport hazard" means any structure or tree which obstructs the air space required for the flight of aircraft in landing or taking-off at an airport, or any use of land which creates a dangerous condition, including the placement of strong lights which blind pilots during such operations;

    "Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter;

    "Airport protection" means protection against an airport hazard;

    "Department" means the department of transportation;

    "Director" means the director of transportation or the director's authorized representative;

    "Person" means any individual, partnership, corporation, unincorporated association, joint stock association, or any trustee, receiver, assignee, or other similar representative thereof; or the State or any of its political subdivisions, or agencies thereof;

    "Structure" means any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, chimneys, and overhead transmission lines;

    "Tree" means any object of natural growth. See Hawaii Revised Statutes 262-1

  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
(2) The approach protection necessary, because of constitutional limitations, cannot 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 rather than by airport zoning regulations, the director of transportation on behalf of the State may acquire by purchase, grant, or condemnation in the manner provided by chapter 101 the air right, aviation easement, or other estate or interest in the property or nonconforming structure or use in question as may be necessary or proper to effectuate the purposes of this chapter, including acquisition of a fee simple estate.

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