11-14-16. Acquisition of property by purchase, grant, or condemnation.
In any case in which:
(1)It is desired to remove, lower, or otherwise terminate a nonconforming use;
(2)The approach protection necessary according to the airport layout plan cannot, because of constitutional limitations, be provided by airport zoning regulations under chapter 50-10; or
(3)It appears advisable that the necessary approach protection be provided by acquisition of property rights;
the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it, shall acquire by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such an air right, easement, or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purposes of chapter 50-10.
Source: SL 1943, ch 2, §9; SDC Supp 1960, §2.0516; SL 2010, ch 227, §65; SL 2014, ch 222, §76; SDCL §50-10-28; SL 2019, ch. 203, §84.
Structure South Dakota Codified Laws
Title 11 - Planning, Zoning and Housing Programs
Section 11-14-2 - Delegation of zoning administration and enforcement.
Section 11-14-3 - Board of appeals_Duties.
Section 11-14-4 - Promulgation of rules--Meetings--Witnesses--Record of proceedings.
Section 11-14-5 - Appeals to board--Time for appeal--Procedure.
Section 11-14-6 - Stay of proceedings--Exception--Restraining order.
Section 11-14-7 - Hearing of appeal--Notice of hearing.
Section 11-14-8 - Actions of board--Scope of review.
Section 11-14-9 - Board to decide by majority vote.
Section 11-14-10 - Appeal to circuit court from board of appeals--Petition--Time for petition.
Section 11-14-12 - Jurisdiction of court--Further proceedings by board of appeals.
Section 11-14-13 - Findings of fact as conclusive on court--Objections not urged before board.
Section 11-14-14 - Allowance of costs.
Section 11-14-15 - Court action against violators--Injunction.
Section 11-14-16 - Acquisition of property by purchase, grant, or condemnation.