New York Laws
Article 14 - Airports and Landing Fields
355 - Acquisition of Rights and Property Surrounding Airports.

§ 355. Acquisition of rights and property surrounding airports. Any
county, city, village or town which has established and is operating, or
will hereafter establish and operate, an airport, landing field or
seaplane harbor, is hereby authorized to condemn, or acquire by purchase
or gift, the right to abate or remove any flight hazard including any
structure, building, tower, pole, wire, tree or other thing, or portion
thereof, located within the flight hazard area being the approach and
turning zones which lie within three thousand feet of such airport,
landing field or seaplane harbor or within such greater distance as the
Federal Civil Aeronautics Administration or its successor may declare to
be necessary with respect to any particular airport, landing field or
seaplane harbor for the approach and turning zones appurtenant thereto,
and which the governing body of such county, city, village or town shall
determine to constitute a menace to the safety of aircraft using such
airport, landing field or seaplane harbor, or to the safety of persons
and property within the flight hazard area above defined, including the
right of ingress to and egress from the place upon which such structure,
building, tower, pole, wire, tree or other thing exists, for the purpose
of such abatement or removal. Any such county, city, village or town is
further authorized to condemn or acquire by purchase or gift, the right
to unobstructed use of such portion of the air space within three
thousand feet of such airport, landing field or seaplane harbor or
within such greater distance as may be certified to be necessary in the
manner heretofore provided in this section so that nothing will
interfere with the ascent or the descent of any aircraft at a gliding
angle of one foot in height to every thirty feet of horizontal distance
from the nearest point of such airport, landing field or seaplane harbor
or at such other angles as may be declared by the Federal Civil
Aeronautics Administration, or its successor, as necessary for the
approach and turning zones with respect to any particular airport,
landing field or seaplane harbor. Any such county, city, village or town
is further authorized to condemn, or acquire by purchase or gift, for a
term of years or perpetually, the right to place and maintain,
obstruction markers and/or lights upon any structure, building, tower,
pole, wire, tree, or other thing located within three thousand feet of
such airport, landing field or seaplane harbor or within such greater
distance as may be certified to be necessary in the manner heretofore
provided in this section, which the governing body of such county, city,
village or town shall determine to constitute a menace to aerial
navigation to or from said airport, landing field or seaplane harbor,
including the right to lay and maintain conduits and wires to such
obstruction markers and/or lights. Any such property or property right
in any structure, land, building, tower, pole, wire, tree or other thing
or portion thereof shall be acquired by purchase, if the county, city,
village or town is able to agree with the owners on the terms thereof,
and otherwise any such property or property right in any structure,
land, building, tower, pole, wire, tree or other thing or portion
thereof may be taken by acquisition, in the manner provided by and
subject to the provisions of the eminent domain procedure law.