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§ 5-616. Acquisition or condemnation of property

West's Annotated Code of MarylandTransportationEffective: April 8, 2008

West's Annotated Code of Maryland
Transportation
Title 5. Aviation (Refs & Annos)
Subtitle 6. Airport Zoning--by Political Subdivisions (Refs & Annos)
Effective: April 8, 2008
MD Code, Transportation, § 5-616
§ 5-616. Acquisition or condemnation of property
Currentness
In general
(a) A political subdivision that owns, controls, or operates an airport may acquire, by purchase, grant, lease, or condemnation, any property, including any air right or interest, needed to eliminate an airport hazard, to protect the aerial approaches to the airport, or to effectuate the purpose of this subtitle, if:
(1) A nonconforming use, structure, or tree or other vegetation is an airport hazard, and it is necessary or desirable to remove, lower, or otherwise terminate it;
(2) Because of constitutional limitations, the aerial approaches to the airport cannot be made or kept safe by airport zoning regulations adopted under this subtitle;
(3) It is advantageous to make and keep aerial approaches to the airport safe by the acquisition of property rather than by airport zoning regulations; or
(4) Any zoning regulation or any action of a zoning authority interferes with the use or enjoyment of private property or otherwise infringes on private property rights so much that it would be taking of private property without the just compensation required by the Constitution of the United States or the Maryland Constitution.
Condemnation law applied
(b) Any condemnation of property under this section shall be under the law by which the political subdivision may condemn property for public purposes other than street purposes or, if it has no such law, under Title 12 of the Real Property Article.

Credits

Added by Acts 1977, c. 13, § 2, eff. July 1, 1977. Amended by Acts 2008, c. 36, § 6, eff. April 8, 2008.
Formerly Art. 1A, § 8-801.
MD Code, Transportation, § 5-616, MD TRANS § 5-616
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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