620 ILCS 5/49.1
Creation of hazards
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(620 ILCS 5/49.1)
(from Ch. 15 1/2, par. 22.49a)
(Text of Section before amendment by P.A. 104-457)
Sec. 49.1.
Creation of hazards.
No person may create or construct any
airport hazard which obstructs a restricted landing area or residential
airport that (1) serves 20 or
more based aircraft, and (2) is located within the "metropolitan region" as
that term is defined in the Regional Transportation Authority Act. For the
purpose of this Section, "based aircraft" are
aircraft that are regularly hangared or tied-down at the restricted landing
area or residential airport, or that use it as their primary base of operation.
As used in this Section 49.1, "restricted landing area" or "residential
airport" shall have the
meaning set forth in regulations
of the Department in effect on the effective date of this amendatory Act of
1989, but shall not include amendments of the regulations adopted by the
Department thereafter.
(Source: P.A. 86-963.)
(Text of Section after amendment by P.A. 104-457) Sec. 49.1. Creation of hazards. No person may create or construct any airport hazard which obstructs a restricted landing area or residential airport that (1) serves 20 or more based aircraft, and (2) is located within the "metropolitan region" as that term is defined in the Northern Illinois Transit Authority Act. For the purpose of this Section, "based aircraft" are aircraft that are regularly hangared or tied-down at the restricted landing area or residential airport, or that use it as their primary base of operation. As used in this Section 49.1, "restricted landing area" or "residential airport" shall have the meaning set forth in regulations of the Department in effect on the effective date of this amendatory Act of 1989, but shall not include amendments of the regulations adopted by the Department thereafter.(Source: P.A. 104-457, eff. 6-1-26.)
Notes of Decisions
Cited in 2
cases, 2001–2001 · leading case: Vorhees Ex Rel. Last Will & Testament of Brach v. Naper Aero Club, Inc.
Vorhees Ex Rel. Last Will & Testament of Brach v. Naper Aero Club, Inc. (2001)
“" 620 ILCS 5/49.1 (West 2001). Vorhees believed that this amendment amounted to a taking of property adjacent to airports; in his case, he argued he was forced to give an implicit air easement, which would limit or eliminate his ability to develop the Farm or sell it for…”
Charles M. Vorhees, as of the Last Will and Testament of Helen Brach, a Person Presumed Dead v. Naper Aero Club, Inc., a (2001)
“" 620 ILCS 5/49.1 (West 2001). Vorhees believed that this amendment amounted to a taking of property adjacent to airports; in his case, he argued he was forced to give an implicit air easement, which would limit or eliminate his ability to develop the Farm or sell it for…”
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