Airport Hazard Regulation6� AERONAUTICS 886
r) Within an airport influence area a person who obtains a variance for
wilding a structure which is a nonconforming use under rules adopted pur-
lsuant to this chapter or a person who takes or buys property subject to such
a variance is on notice that the airport existed before the variance was
granted and that normal and anticipated normal operations of the airport
will result in noise and vibrations being projected over the property. Further-
more, a person using a structure built under a variance may not collect dam-
ages from a local government for interference with the enjoyment of that
structure caused by noise and vibrations from normal and anticipated normal
airport operations.
History: En. 1-733 by Sec. 10, Ch. 551, L. 1977; R.C.M. 1947, 1-733.
Cross -References Permits — variances, 67-6-207.
Public nuisance, 45-8-111.
67-4-314. Conditions on permit or variance. Any permit or vari-
ance granted pursuant to this chapter may require the owner of the structure
or tree in question to permit the local government, at its expense, to install,
operate, and maintain the lights and markers necessary to warn pilots of the
presence of an airport hazard.
History: En. 1-735 by Sec. 12, Ch. 551, L. 1977; R.C.M. 1947, 1-735.
Part 4
Remedies
67-4-401. Penalty. Any person who violates any provision of this chap-
ter or any rules adopted pursuant to it is guilty of a misdemeanor and pun-
ishable by a fine not to exceed $500, imprisonment in a county jail for a
period not to exceed 6 months, or both. Each day a violation continues to
exist constitutes a separate offense.
History: En. 1-739 by Sec. 16, Ch. 551, L. 1977; R.C.M. 1947, 1-739(1).
Cross -References Injunction, 67-6-211.
Enforcement, 67-5-211.
67-4-402. Injunction. A local governing body may institute in any
court of competent jurisdiction an action to prevent, restrain, correct, or
abate any violation of this chapter or the rules adopted under it.
History: En. 1-739 by Sec. 16, Ch. 551, L. 1977; R.C.M. 1947, 1-739(2).
Cross -References
Penalty — injunction, 67-6-211.
CHAPTER 5
AIRPORT HAZARD REGULATION
Part 1 —General Provisions
Section
67-5-101. Purpose.
67-5-102. Exception — emergency landing strips.
gains a variance for
rules adopted pur-
�rty subject to such
the variance was
ions of the airport
property. Further -
ay not collect dam -
enjoyment of that
anticipated normal
67-6-207
my permit or vari-
aer of the structure
expense, to install,
i warn pilots of the
vision of this chap-
lemeanor and Pun-
a county jail for a
lation continues to
y institute in any
estrain, correct, or
der it.
887 AIRPORT HAZARD REGULATION 67-5-201
Part 2 — Regulation and Restriction
67-5-201. Regulation of building heights.
67-5-202. Regulation of existing structures — power of acquisition.
67-5-203. Duty to acquire permit.
67-5-204. Restriction — lights.
67-5-205 through 67-5-210 reserved.
67-5-211. Enforcement.
67-5-212. Penalty.
Part 1
General Provisions
67-5-101. Purpose. For the purpose of ensuring safety from death or
injury for aeronauts and passengers, to protect the property of those engaged
in aeronautics, and to encourage and promote air travel and transportation
of mail, passengers, express, and freight by air, it is considered necessary to
eliminate dangerous obstructions of air space in the vicinity of airports or
landing fields which may now be or which may hereafter be acquired, owned,
operated, controlled, or maintained by the United States, the state of Mon-
tana or any county or municipality thereof. In order to promote the public
order, health, and safety by providing unobstructed air space for the safe
descent, landing, ascent, and operation of aircraft utilizing public airports in
the state of Montana, the height of buildings and other structures in the
vicinity of the airports and landing fields in the state of Montana owned,
leased, operated, maintained, or controlled by any of those public authorities
shall be regulated and restricted as hereafter provided.
History: En. Sec. 1, Ch. 12, L. 1939; amd. Sec. 3, Ch. 232, L. 1977; R.C.M. 1947, 1-701.
67-5-102. Exception — emergency landing strips. This chapter
shall not apply to any landing fields or strips now established or hereafter
established by the civil aeronautics authority of the United States govern-
ment, known as "emergency landing strips", which do not provide at least
1,800 feet of landing area in all directions and which do not provide facilities
for the housing, supply, and servicing of aircraft.
History: En. Sec. 7, Ch. 12, L. 1939; R.C.M. 1947, 1-707.
Part 2
Regulation and Restriction
67-5-201. Regulation of building heights. (1) The height of build-
ings and other structures shall be regulated for the purposes set forth in
67-5-101, considering among other things:
(a) requirements and facilities necessary to secure the safe descent, land-
ing, ascent, and operation of aircraft utilizing the public airports and landing
fields in the state of Montana;
(b) hazards from the obstruction of air space and the relation of the
height of buildings and other structures in the vicinity of such airports and
landing fields to such hazards;
(c) the area within which buildings and other structures may dangerously
obstruct air space in the vicinity of public airports and landing fields and the
height of buildings or other structures within such area which is consistent
with the safe use of such airports and landing fields; and
(d) the maintenance and use of either obstruction markers or lights, or
both, upon buildings and other structures within such area as safety devices.
(2) The height of buildings and other structures is regulated and
restricted within a distance of 2 miles from any public airport or landing
field, measured at a right angle from any side or in a radial line from any
corner of the established boundary line thereof, in any and all directions, as
follows:
(a) The trapezoidal portion of the total 2-mile zone area, 500 feet in
width at the boundary of the field or airport and broadening to a width of
2,500 feet 2 miles distant, the centerline of which is a continuation of the
centerline of each runway at and upon such public airports and landing
fields, known as the approach zone, may have no building or other structure
or natural feature or object of any kind therein, the height of which is more
than one -twentieth its distance from the nearest boundary of the airport or
landing field.
-� (b) The remaining portion of the 2-mile zone area surrounding such pub-
lic airports and landing fields, lying between the approach zones and known
as turning zones, may have no building or other structure or natural feature
or object of any kind therein, the height of which is more than one -seventh
its distance from the nearest boundary of the airport or landing field.
-.) (3) In measuring distances and heights to determine the zone standard,
measurements shall be taken from the nearest side of the building or struc-
ture or other object to the nearest side of the airport or landing field. In the
event of airports having boundaries not regular, the nearest established
perimeter of such port and field shall be used, as distinguished from the
actual boundary.
History: En. Sec. 2, Ch. 12, L. 1939; amd. Sec. 4, Ch. 232, L. 1977; R.C.M. 1947, 1-702.
67-5-202. Regulation of existing structures — power of acqui-
sition. With respect to any building or other structure existing on February
7, 1939, which does not conform to the regulations of this chapter in the
manner of height, the governmental authority affected thereby (whether the
United States, the state of Montana, the several counties, or the several
municipalities) in its own right and name, to protect its own airports and
landing fields and to carry out the purposes and provisions of this chapter,
shall have and is hereby given the right and authority to acquire by pur-
chase, grant, or condemnation, such estate or interest in any such building
or structure or other object, whether natural object or not, and/or in the
lands upon which situated as is necessary to vest full and absolute ownership
and control in perpetuity of the space above such land to the extent neces-
sary to correct or abate the height of any such nonconforming building or
other structure or object to meet the requirements of this chapter as to
height limitation within the zones designated.
History: En. Sec. 5, Ch. 12, L. 1939; R.C.M. 1947, 1-705.
67-5-203. Duty to acquire permit. (1) Each person, firm, or corpora-
tion in this state proposing to erect, establish, or maintain any building or
888
889 AIRPORT HAZARD REGULATION 67-5-212
s may dangerously
other structure that would exceed the height limit established by law or to
ling fields and the
grow any natural object that would exceed such limit when grown, whenever
rhich is consistent
the proposed erection or growth is within 2 miles of a public airport or land-
ing field, shall apply to the proper officer of the United States or the state
rkers or lights, or
of Montana or any county or municipality thereof, whichever of those bodies
as safety devices.
has control of the airport or landing field affecting the area, for a permit to;
is regulated and
erect, establish, or maintain the structure, building, or object proposed.
tirport or landing
fial line from any
(2) No permit may be granted unless the specifications of the building or
'. all directions, as
other structure or object reveal that the total height does not or will not
exceed the height limits fixed by law for the zone in which the same is to
area, 500 feet in
n
be established.
ing to a width
(3) No permit may be issued in violation of this section, and any permit
ntinuation of the
which is issued in violation of this section is void.
Ir�i
)rts and landing
History: En. Sec. 4, Ch. 12, L. 1939; amd. Sec. 5 Ch. 232, L. 1977; R.C.M. 1947, 1-704.
y
(„II
r other structure
of which is more
67-5-204. Restriction — lights. No searchlight, beacon light, or other
of the airport or
glaring light shall be used, maintained, or operated within said Montana air-
port zoning areas so that the same shall reflect, glare, or shine upon or i..
�.nding such pub-
the direction of the airports.
p
ones and known
natural feature
History: En. Sec. 8, Ch. 12, L. 1939; R.C.M. 1947, 1-708.
I ;:
�f
`!
han one -seventh
67-5-205 through 67-5-210 reserved.
g
ng field.
zone standard,
67-5-211. Enforcement. It shall be the duty and authority of every
iilding or strut-
public body or governmental authority owning, operating, or maintaining a
F!;;
ing field. In the
public airport or landing field to enforce the provisions of this chapter as
est established
pertains to areas surrounding the particular airport under the control of such
I'
ished from the
body, the same to be enforced in either the court of law or of equity in the
state of Montana having jurisdiction of such action. Cases are to be insti-
47, 1-702.
tuted in the name of the governmental body charged hereunder with the
enforcement hereof. Such action may be to prevent the erection, construc-
ig on February
tion, or maintenance of such buildings or other structures or parts of build-
1-
chapter in the
ings or structures as may exceed the height limits fixed by this law or to
; r
y (whether the
restrain, correct, or abate any such violation and to prevent the occupancy
or the several
and use of any part of a building or structure erected in violation of this law.
iHistory:
n airports and
En. Sec. 3, Ch. 12, L. 1939; R.C.M. 1947, 1-703.
t
f
f this chapter,
Cross -References Airport zoning — penalty — injunction,
;quire by pur-
Noise, height, and land use regulation — pen- 67-6-211.
Iti
such building
alty 67-4-401.
and/or in the
a
ute ownership
67-5-212. Penalty. Any person or firm or corporation violating any of
extent neces-
the provisions of this law shall be guilty of a misdemeanor and upon convic-
ig building or
tion thereof shall be punishable by a fine onot more than $500 or by
f f l i l
chapter as to
imprisonment for a period of not more than 6 months or by both such fine
t'
and imprisonment. Each such person, firm, or corporation shall be deemed
guilty of a separate offense for every day during any portion of which any
violation of this law is committed, continued, or permitted by such person,
a, or corpora-
firm, or corporation and shall be punishable as provided by such law.
y building or
History: En. Sec. 12, Ch. 12, L. 1939; R.C.M. 1947, 1-709.
l
{1 4
�i a
67-6-101 AERONAUTICS 890
891
CHAPTER 6
mitigation, or i
AIRPORT ZONING ACT
poses for whic]
acquire land of
Part 1 — General Provisions
History: En. Sei
Section
67-6-103.
67-6-101. Short title.
zoning regulati
67-6-102. Legislative finding and purpose.
are held by a
67-6-103. Constitutional restriction.
structure or p,
Part 2 —Zoning
application to
deprivation of
67-6-201. Airport zoning power.
the constitutio:
67-6-202. Airport zoning regulations —procedure —commission.
cation of such:
67-6-203. Airport zoning regulations — requirements.
67-6-204. Zoning regulations — merger or conflict.
History: En. Sec
67-6-205. Airport zoning regulations — administration.
67-6-206. Board of adjustment.
67-6-207. Permits — variances.
67-6-208 through 67-6-210 reserved.
67-6-211. Penalty — injunction.
Part Cross-Refe
Part 3 — Miscellaneous Provisions
Rules, permits, a
part 3.
67-6-301. Acquisition of property rights when zoning not sufficient.
67-6-201.
or establishmei
Chapter Cross -References
port hazard ai
Planning and zoning, Title 76, ch. 2.
enforce, under
prescribed, airl
Part 1
ulations may d
land uses perm
General Provisions
and trees may 1
(2) Where E
67-6-101. Short title. This chapter shall be known and may be cited
any airport ha
as the "Airport Zoning Act".
territorial limit
History: En. Sec. 14, Ch. 287, L. 1947; R.C.M. 1947, 1-723.
political subdiv
vision within A
67-6-102. Legislative finding and purpose. (1) It is hereby found
resolution duly
that an airport hazard endangers the lives and property of users of the air-
shall have the
port and of occupants of land in its vicinity and also, if of the obstruction
regulations app
type, in effect reduces the size of the area available for the landing, taking
by subsection
off, and maneuvering of aircraft, thus tending to destroy or impair the utility
located. Each
of the airport and the public investment therein.
appointed by E
(2) Accordingly, it is hereby declared:
addition a chair
(a) that the creation or establishment of an airport hazard is a public nui-
(3) If in the
sane and an injury to the community served by the airport in question;
airport, the po
A) that it is therefore necessary in the interest of the public health, pub-
! area appertaini
lic safety, and general welfare that the creation or establishment of airport
adequate airpoi
hazards be prevented; and
if that political
(c) that this should be accomplished, to the extent legally possible, by
ing board as au
exercise of the police power, without compensation.
controlling the
(3) It is further declared that both the prevention of the creation or
ing regulations
establishment of airport hazards and the elimination, removal, alteration,
flict between sL
;gl AIRPORT ZONING ACT 67-6-201
mitigation, or marking and lighting of existing airport hazards are public pur-
poses for which political subdivisions may raise and expend public funds and
acquire land or property interests therein.
History: En. Sec. 2, Ch. 287, L. 1947; R.C.M. 1947, 1-711.
67-6-103. Constitutional restriction. In any case in which airport
zoning regulations adopted under this chapter, although generally reasonable,
are held by a court to interfere with the use or enjoyment of a particular
structure or parcel of land to such an extent or to be so onerous in their
application to such a structure or parcel of land as to constitute a taking or
deprivation of that property in violation of the constitution of this state or
the constitution of the United States, such holding shall not affect the appli-
cation of such regulations to other structures and parcels of land.
History: En. Sec. 10, Ch. 287, L. 1947; R.C.M. 1947, 1-719.
Part 2
Zoning
`
PArt Cross -References No limitation on airport hazard zoning,
Rules, permits, and variances, Title 67, ch. 4, 67-10-231, 67-11-241.
?art 3.
67-6-201. Airport zoning power. (1) In order to prevent the creation
or establishment of airport hazards, every political subdivision having an air-
port hazard area within its territorial limits may adopt, administer, and
enforce, under the police power and in the manner and upon the conditions
Prescribed, airport zoning regulations for such airport hazard area, which reg-
ulations may divide such area into zones and, within such zones, specify the
land uses permitted and regulate and restrict the height to which structures
"d trees may be erected or allowed to grow.
(2) Where an airport is owned or controlled by a political subdivision and
and may be cited
any airport hazard area appertaining to such airport is located outside the
territorial limits of said political subdivision, within or without the state, the
Political subdivision owning or controlling the airport and the political subdi-
t is hereby found
sision within which the airport hazard area is located may, by ordinance or
resolution
' users of the air-
duly adopted, create a joint airport zoning board, which board
'hall have
the
the same power to adopt, administer, and enforce airport zoning
regulations
If obstruction
to landing, taking
applicable to the airport hazard area in question as that vested
11 by subsection
impair the utility
(1) in the political subdivision within which such area is
I located.
Each such joint board shall have as members two representatives
aPpointed by each political subdivision participating in its creation and in
d is a public ntli-
tddition a chairman elected by a majority of the members so appointed.
I(3)
If in the judgment of a political subdivision owning or controlling an
in question;
health, pub'
tirport, the political subdivision within which is located an airport hazard
'fell
tblic
hment of airport
appertaining to that airport has failed to adopt or enforce reasonably
s +dequate
airport zoning regulations for such area under subsection (1) and
if that
ally possible, by
political subdivision has refused to join in creating a joint airport zon-
3; Mg board
as authorized in subsection (2), the political subdivision owning or
the creation or
11011trollin the airport mayitself adopt, administer, and enforce airport zon-
= ing regulations
�oval, alteration,
for the airport hazard area in question. In the event of con-
nict between
such regulations and any airport zoning regulations adopted by
67-6-202 AERONAUTICS 892
the political subdivision within which the airport hazard area is located, the
regulations of the political subdivision owning or controlling the airport shall
govern and prevail.
History: En. Sec. 3, Ch. 287, L. 1947; R.C.M. 1947, 1-712.
67-6-202. Airport zoning regulations — procedure — commis-
sion. (1) In adopting, amending, and repealing airport zoning regulations
under this chapter, the political subdivision or joint airport zoning board
shall follow the procedure prescribed by the laws of this state for the adop-
tion, amendment, or repeal of comprehensive zoning regulations, as provided
in Title 76, chapter 2, part 3.
(2) Prior to the initial zoning of any airport hazard area under this chap-
ter, the political subdivision or joint airport zoning board which is to adopt
the regulations shall appoint a commission, to be known as the airport zoning
commission, to recommend the boundaries of the various zones to be estab-
lished and the regulations to be adopted therefor. Such commission shall
make a preliminary report and hold public hearings thereon before submit-
ting its final report, and the legislative body of the political subdivision or
the joint airport zoning board shall not hold its public hearings or take other
action until it has received the final report of such commission. Where a city
planning commission or comprehensive zoning commission already exists, it
may be appointed as the airport zoning commission.
History: En. Sec. 5, Ch. 287, L. 1947; R.C.M. 1947, 1-714.
67-6-203. Airport zoning regulations — requirements. (1) All air-
port zoning re gulations_adopted under this chapter shall be reasonable, and
none shall impose any requirement or restriction which is not reason -`ally nec-
essary to effectuate the purposes of this chapter. In determining whidif regula-
tions it may adopt, each political subdivision and joint airport zoning board
shall consider, among other things, the character of the flying operations
expected to be conducted at the airport, the nature of the terrain within the
airport hazard area, the character of the neighborhood, and the uses to which
the property to be zoned is put and adaptable.
(2) No airport zoning regulations adopted under this chapter shall require
the removal, lowering, or other change or alteration of any structure or tree
not conforming to the regulations when adopted or amended or otherwise
interfere with the continuance of any nonconforming use, except as provided
in 67-6-207(3).
History: En. Sec. 6, Ch. 287, L. 1947; R.C.M. 1947, 1-715.
67-6-204. Zoning regulations — merger or conflict. (1) In the
event that a political subdivision had adopted or hereafter adopts a compre-
hensive zoning ordinance regulating, among other things, the height of build-
ings, any airport zoning regulations applicable to the same area or portion
thereof may be incorporated in and made a part of such comprehensive zon-
ing regulations and be administered and enforced in connection therewith.
(2) In the event of conflict between any airport zoning regulations
adopted under this chapter and any other regulations applicable to the same
area, whether the conflict be with respect to the height of structures or trees,
the use of land, or any other matter and whether such other regulations were
893
adopted by 1
sion, the moi
History: En.:
67-6-205.
port zoning
administratic
agency which
board, or oth
lations or of
ation of the
satisfactory tc
tive agency bt
of any admit
include that c
agency shall 1
board of adjue
History: En. S(
67-6-206.
adopted under
appointed in 1
76-2-321 throw
relating to app
History: En. Se,
67-6-207,
enforcement of
mits to establi
before any non
nonconforming
be secured fro
enforce the reg
mit shall be gr,
'ard to air navig
Whenever the
ture or tree ha
deteriorated, or
structure or tre
from the zoning
for replacement,
(2) Any pers
structure, permi
lation of airport
the board of ad;
tion. Such varia
ment of the reg
hardship and th,
but do substanti
tions and this c)
able conditions
effectuate the pu
892
393 AIRPORT ZONING ACT 67-6-207
and area is located, the
adopted by the airport zoning regulations or by some other political subdivi-
rolling the airport shall
lion, the more stringent limitation or requirement shall govern and prevail.
History: En. Sec. 4, Ch. 287, L. 1947; R.C.M. 1947, 1-713.
67-6-205. Airport zoning regulations — administration. All air-
ocedure — commis-
port zoning regulations adopted under this chapter shall provide for the
,ort zoning regulations
administration and enforcement of such regulations by an administrative
agency which may be an agency created by such regulations or any official,
airport zoning board
hoard, or other existing agency of the political subdivision adopting the regu-
his state for the adop-
'rations or of one of the political subdivisions which participated in the cre-
egulations, as provided
ation of the joint airport zoning board adopting the regulations, if
atisfactory to that political subdivision; but in no case shall such administra-
area under this chap-
tWe agency be or include any member of the board of adjustment. The duties
rard which is to adopt
4 any administrative agency designated pursuant to this chapter shall
n as the airport zoning
include that of hearing and deciding all permits under 67-6-207(1), but such
ous zones to be estab-
igency shall not have or exercise any of the powers herein delegated to the
luch commission shall
heard of adjustment.
hereon before submit-
history: En. Sec. 8, Ch. 287, L. 1947; R.C.M. 1947, 1-717.
iolitical subdivision or
hearings or take other
67-6-206. Board of adjustment. All airport zoning regulations
[mission. Where a city
adopted under this chapter shall provide for a board of adjustment to be
sion already exists, it
appointed in the manner and have and exercise all the powers provided in
-6-2-321 through 76-2-328, and each and all of the provisions of said sections
relating to appeals and judicial review shall be applicable to this chapter.
History: En. Sec. 9, Ch. 287, L. 1947; R.C.M. 1947, 1-718.
irements. (1) All air-
67-6-207. Permits — variances. (1) When advisable to facilitate the
dl be reasonab e, —and
enforcement of this chapter, a system may be established for granting per -
is not reason- bly nec•
Mits to establish or construct new structures and other uses. In any event,
srmining wha regula-
'�fore any nonconforming structure may be replaced with a taller one or any
airport zoning board
:Nonconforming tree allowed to grow higher or be replanted, a permit must
the flying operations
secured from the administrative agency authorized to administer and
;he terrain within the
<nforce the regulations authorizing such replacement or change. No such per-
1nd the uses to which
shall be granted that would allow the structure to become a greater haz-
>rd to air navigation than it was when the applicable regulation was adopted.
chapter shall require
Whenever the administrative agency determines that a nonconforming struc-
any structure or tree
'°fe or tree has been abandoned or more than 80% torn down, destroyed,
mended or otherwise
-eteriorated, or decayed, no permit shall be granted- that would allow said
e, except as provided
'tructure or tree to exceed the applicable height limit or otherwise deviate
?rom the zoning regulations. Except as indicated, all applications for permits
',,r replacement, change, or repair of nonconforming uses shall be granted.
(2) Any person desiring to erect any structure, increase the height of any
-onflict. (1) In the
'tructure, permit the growth of any tree, or otherwise use his property in vio-
`er adopts a compre'
't'on,of airport zoning regulations adopted under this chapter may apply to
Ithe height of build-
'he board of adjustment for a variance from the zoning regulations in ques-
area or p ortios
t=on• Such variances shall be allowed where a literal application or enforce -
comprehensive zon•
comprehensive
gent g p y y
''-"nt of the regulations would result in practical difficult or unnecessary
section therewith.
p and the relief granted would not be contrary to the public interest
zoning regulations
undo substantial justice and be in accordance with the spirit of the regula-
plicable to the saw
and this chapter. Any variance may be allowed subject to any reason-
`hle conditions
f structures or trees
that the board of adjustment may deem necessary to
`ffectuate
her regulations INV—
the purposes of this chapter.
67-6-211 AERONAUTICS
(3) In granting any permit or variance under this section, the administra-
tive agency or board of adjustment may, ifitdeems such action advisable to
effectuate the purposes of this chapter and reasonable in the circumstances,
so condition such permit or variance as to require the owner of the structure
or tree in question to permit the political subdivision, at its own expense, to
install, operate, and maintain thereon such markers and lights as may be
necessary to indicate to flyers the presence of an airport hazard.
History- En. Sec. 7, Ch. 287, L. 1947; R.C.M. 1947, 1-716.
Cross -References
Noise, height, and land use regulation — per-
mits and variances, 674-313,67-4-314.
67-6-211. Penalty — injunction. Each violation of this chapter or of
any regulations, orders, or rulings promulgated or made pursuant to this
chapter shall constitute a misdemeanor and shall be punishable by a fine of
not more than $500 or imprisonment for not more than 6 months or by both
such fine and imprisonment, and each day a violation continues to exist shall
constitute a separate offense. In addition the political subdivision or agency
adopting zoning regulations under this chapter may institute in any court of
competent jurisdiction an action to prevent, restrain, correct, or abate any
violation of this chapter or of airport zoning regulations adopted under this
chapter or of any order or ruling made in connection with their administra-
tion or enforcement; and the court shall adjudge to the plaintiff such relief,
by way of injunction (which may be mandatory) or otherwise, as may be
proper under all the facts and circumstances of the case, in order fully to
effectuate the purposes of this chapter and of the regulations adopted and
orders and rulings made pursuant thereto.
History: En. Sec. 11, Ch. 287,1— 1947; R.C.M. 1947,1-720.
Cross -References Restrictions on height of structures and lights
Noise, height, and land use regulation ® pen- — enforcement and penalty, 67-5211, 675-211
alty and injunction, 674401, 674-402.
Part 3
Miscellaneous Provisions
67-6-301. Acquisition of property rights when zoning not suffii-
cient. The political subdivision within which the property or nonconforming
use is located or the political subdivision owning the airport or served by it
may 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 air right, aviation easement, or other
estate or interest in the property or nonconforming structure or use in ques-
tion as may be necessary to effectuate the purposes of this chapter, in any
case in which:
(1) it is desired to remove, lower, or otherwise terminate a nonconforming
structure or use;
(2) the approach protection necessary cannot, because of constitutional
limitations, be provided by airport zoning regulations under this chapter-, or