In any case in which it is desired to remove, lower or otherwise terminate a
nonconforming use; or the approach protection necessary cannot, because of
unconstitutional limitations, be provided by zoning regulations; or it appears advisable
that the necessary approach protection be provided by acquisition of property rights rather
than by zoning regulations, the cabinet, commission, air board or boards, or governmental
unit may acquire by purchase, grant, condemnation or otherwise, such air right, easement,
or other estate or interest in the property or nonconforming use in question as may be
necessary to effectuate the purposes of this chapter.
Effective: March 25, 1960
History: Created 1960 Ky. Acts ch. 179, sec. 63, effective March 25, 1960.
Notes of Decisions
City of Bowling Green v. Cooksey, 858 S.W.2d 190 (Ky. Ct. App. 1992).
· cites it 2× “The law does not require governmental bodies wear blinders. In fact, under KRS 183.868, airport zoning is required to consider the future needs of the communities being served and the future development of the airport, including extensions to the runways, the size of the safe…”
Shipp v. Louisville & Jefferson Cnty. Air Bd., 431 S.W.2d 867 (Ky. Ct. App. 1968).
· cites it 2× “could not maintain its suit for the reason that its proper remedy was to condemn the trees pursuant to the provisions of KRS 183.872. The trial court decided that the Air Board had made a more substantial claim and that it has a “prescriptive right” to the public, unobstructed…”
Kentucky Airport Zoning Comm'n v. Kentucky Power Co., 651 S.W.2d 121 (Ky. Ct. App. 1983).
“The statute provides for a taking by zoning regulations; but where constitutional limitations would prevent such a taking, the Commission “may acquire by purchase, grant, condemnation or otherwise, such air right, easement, or other estate or interest in the property or…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.