Code Section Group

Public Utilities Code - PUC

DIVISION 9. AVIATION [21001 - 24451]

  ( Division 9 added by Stats. 1953, Ch. 151. )

PART 1. STATE AERONAUTICS ACT [21001 - 21709]

  ( Heading of Part 1 amended by Stats. 1961, Ch. 2071. )

CHAPTER 4. Airports and Air Navigation Facilities [21601 - 21690.29]

  ( Chapter 4 added by Stats. 1953, Ch. 151. )

ARTICLE 2.6. Hazard Elimination; Flight Disturbance [21652 - 21653]
  ( Article 2.6 added by Stats. 1975, Ch. 1240. )

21652.
  

(a) Any person authorized to exercise the power of eminent domain for airport purposes may acquire by purchase, gift, devise, lease, condemnation, or otherwise:

(1) Any property necessary to permit the safe and efficient operation of the airport, or to permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards.

(2) Airspace or an easement in such airspace above the surface of property where necessary to permit imposition upon such property of excessive noise, vibration, discomfort, inconvenience, interference with use and enjoyment, and any consequent reduction in market value, due to the operation of aircraft to and from the airport.

(3) Remainder property underlying property taken pursuant to paragraph (2), where permitted by Section 1240.410 of the Code of Civil Procedure.

(b) As used in this section, “property” includes real and personal property and any right or interest therein, whether within, beyond, adjacent to, or in the vicinity of, the boundaries of an airport or airport site, and, by way of illustration and not by way of limitation, includes air rights, airspace, air easements, and easements in airport hazards.

(Added by Stats. 1975, Ch. 1240.)

21653.
  

Any person authorized to exercise the power of eminent domain for airport purposes may provide, by purchase, gift, devise, lease, condemnation, or otherwise, for the removal or relocation of any airport hazard or the removal or relocation of all facilities, structures, and equipment that may interfere with the location, expansion, development, or improvement of the airport and other air navigation facilities or with the safe approach thereto and takeoff therefrom by aircraft. Any person acting under authority of this section shall pay the cost of such removal or relocation.

(Added by Stats. 1975, Ch. 1240.)

PUCPublic Utilities Code - PUC2.6