North Dakota Code § 2-02-04

Air rights - How acquired
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Where necessary, in order to provide unobstructed air space for the landing and taking off of 
aircraft utilizing airports and landing fields acquired or maintained under the provisions of this 
chapter, the counties, cities, park districts, and townships may acquire such air rights over 
private property as are necessary to ensure safe approaches to the landing areas of said 
airports and landing fields. Such air rights may be acquired by grant, purchase, lease, or by right 
of eminent domain in the same manner as is provided in section 2 -02-02 for the acquisition of 
the airport or landing field itself or the expansion thereof.

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