When necessary in order to provide unobstructed airspace for the landing and taking off of aircraft utilizing airports acquired or maintained under the provisions of this chapter, the division and the counties, municipalities, and other subdivisions, including duly constituted airport commissions and special purpose districts of this State may acquire air rights, including aviation easements, over private property necessary to ensure safe approaches to the landing areas of the airports, and for the purpose of establishing and protecting airports and runways. These air rights may be acquired by grant, purchase, lease, or condemnation pursuant to the provisions of the Eminent Domain Procedure Act (Chapter 2, Title 28).
HISTORY: 1962 Code Section 2-105; 1952 Code Section 2-105; 1942 Code Section 7112-37; 1937 (40) 466; 1987 Act No. 173 Section 35; 1993 Act No. 181, Section 1293, eff July 1, 1993; 2012 Act No. 270, Section 4, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2012 amendment rewrote this section.
CROSS REFERENCES
Property and conveyances, generally, see Section 27-1-10 et seq.
RESEARCH REFERENCES
Encyclopedias
2 S.C. Jur. Aviation and Airports Section 6, Condemnation for Airports.
18 S.C. Jur. Eminent Domain Section 12, Generally.
Structure South Carolina Code of Laws
Chapter 9 - South Carolina Airports Act
Section 55-9-20. Intent and construction of chapter.
Section 55-9-30. Establishment of airports.
Section 55-9-40. Land use for aviation deemed a governmental purpose.
Section 55-9-50. Acquisition of land by counties.
Section 55-9-60. Repealed by 1987 Act No. 173, Section 55, eff June 30, 1987.
Section 55-9-70. Acquisition of property by condemnation or otherwise.
Section 55-9-80. Air rights over private property.
Section 55-9-90. Safety markers and lights.
Section 55-9-100 to 55-9-180. Repealed by 1987 Act No. 173, Section 55.
Section 55-9-190. Powers as to airports and landing fields.
Section 55-9-200. Manner of raising money for purchase price or award.
Section 55-9-230. Local police regulations.
Section 55-9-240. Zoning of land surrounding certain airports.
Section 55-9-250. Airport hazards.
Section 55-9-290. Actions in equity maintained by the division to restrain or abate airport hazards.
Section 55-9-300. Incorporation of airport hazard area regulations.
Section 55-9-310. Conflict between zoning regulations.
Section 55-9-320. Procedure for adopting, amending, and repealing zoning regulations.
Section 55-9-330. Airport zoning regulations; permitted content.
Section 55-9-340. Variances from airport zoning regulations.
Section 55-9-360. Administration and enforcement of airport regulations.