In any case in which it is desired to remove, lower or otherwise terminate a nonconforming structure or use, or the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations, or it appears advisable that the necessary approach protection be provided by acquisition of property rights, rather than by airport zoning regulations, the municipality within which the property or nonconforming use is located, or the municipality or municipal authority owning the airport or served by it, may acquire by purchase, grant or condemnation, in the manner provided by the law under which municipalities are authorized to acquire real property for public purposes, such air right, aviation easement or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purpose of this subchapter. In the case of the purchase of any property or any easement or estate, or interest therein, or the acquisition thereof by the power of eminent domain, the municipality making the purchase or exercising the power shall, in addition to the damages for the taking, injury or destruction of property, also pay the cost of the removal and relocation of any structure or any public utility which is required to be moved to a new location.
Cross References. Section 5920 is referred to in section 206 of Title 26 (Eminent Domain).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 59 - Airport Operation and Zoning
Section 5901 - Harrisburg International Airport
Section 5903 - Authority of department
Section 5904 - Airport authorities
Section 5905 - Certain State-owned airport
Section 5911 - Short title of subchapter
Section 5912 - Power to adopt airport zoning regulations
Section 5913 - Relation to other zoning regulations
Section 5914 - Procedure for adoption of zoning regulations
Section 5915 - Airport zoning requirements
Section 5916 - Permits and variances
Section 5917 - Administrative appeals
Section 5918 - Judicial review
Section 5919 - Notice to department
Section 5920 - Acquisition of air rights