New Hampshire Revised Statutes 424:10 – Acquisition of Air Rights
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Terms Used In New Hampshire Revised Statutes 424:10
- Airport: means any area of land or water, whether constructed or not, which has been approved by the commissioner as a site for the landing and taking-off of aircraft or utilized or to be utilized by the public as a point of arrival or departure by air. See New Hampshire Revised Statutes 424:1
- Department: means the department of transportation. See New Hampshire Revised Statutes 424:1
- governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Structure: means any object constructed or installed by man, including such objects although regulated or licensed by other provisions of law. See New Hampshire Revised Statutes 424:1
In any case in which: (1) it is desired to remove, lower, or otherwise terminate a nonconforming use; or (2) the approach protection necessary according to the department‘s airport-approach plan cannot, because of constitutional limitations, be provided by airport zoning regulations hereunder; or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the town within which the property or nonconforming use is located, the town owning the airport or served by it, or the governor and council, upon recommendation of the department, may acquire, by purchase, grant, or condemnation in the manner provided by law by which towns or the governor and council 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, and so may acquire a substitute property, structure and easement and convey the same to anyone whose structures, easements and property are or may be a nonconforming use, as may be necessary to effectuate the purposes hereof.