HRS §262-11
Buying air rights to protect airport approaches
This section lets the state's transportation director buy property rights, like air rights or easements, to protect airport approaches. This can happen when a nonconforming structure or use needs to be removed, when zoning rules can't provide enough protection, or when buying rights is better than zoning. The state can buy these rights through purchase, grant, or condemnation.
landownersstate agencies
The statute, as written — 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.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.