Maryland Code § TR-5-616

Section TR-5-616
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(a) A political subdivision that owns, controls, or operates an airport may
acquire, by purchase, grant, lease, or condemnation, any property, including any air
right or interest, needed to eliminate an airport hazard, to protect the aerial
approaches to the airport, or to effectuate the purpose of this subtitle, if:
(1) A nonconforming use, structure, or tree or other vegetation is an
airport hazard, and it is necessary or desirable to remove, lower, or otherwise
terminate it;
(2) Because of constitutional limitations, the aerial approaches to the
airport cannot be made or kept safe by airport zoning regulations adopted under this
subtitle;
(3) It is advantageous to make and keep aerial approaches to the
airport safe by the acquisition of property rather than by airport zoning regulations;
or
(4) Any zoning regulation or any action of a zoning authority
interferes with the use or enjoyment of private property or otherwise infringes on
private property rights so much that it would be taking of private property without
the just compensation required by the Constitution of the United States or the
Maryland Constitution.
(b) Any condemnation of property under this section shall be under the law
by which the political subdivision may condemn property for public purposes other
than street purposes or, if it has no such law, under Title 12 of the Real Property
Article.

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