§262-11 Acquisition of air rights. When: (1) It is desired to remove, lower, or otherwise terminate a nonconforming structure or use; (2) The approach protection necessary, because of constitutional limitations, cannot be provided by airport zoning regulations under this chapter; or (3) It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the director of transportation on behalf of the State may acquire by purchase, grant, or condemnation in the manner provided by chapter 101 the air right, aviation easement, or other estate or interest in the property or nonconforming structure or use in question as may be necessary or proper to effectuate the purposes of this chapter, including acquisition of a fee simple estate. [L 1965, c 140, pt of §1; Supp, §17A-11; HRS §262-11; am L 2020, c 70, §13]
Hawaii Legal Code