In any case in which:

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

Terms Used In South Dakota Codified Laws 11-14-16

  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(2) The approach protection necessary according to the airport layout plan cannot, because of constitutional limitations, be provided by airport zoning regulations under chapter 50-10; 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 or the political subdivision owning the airport or served by it, 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 chapter 50-10.

Source: SL 1943, ch 2, § 9; SDC Supp 1960, § 2.0516; SL 2010, ch 227, § 65; SL 2014, ch 222, § 76; SDCL § 50-10-28; SL 2019, ch. 203, § 84.