It is hereby found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein, and is therefore not in the interest of the public health, public safety, or general welfare. (1941, c. 250, s. 2.)
Notes of Decisions
Progress Energy Carolinas, Inc. v. Strickland, 640 S.E.2d 856 (N.C. Ct. App. 2007).
· cites it 36× “§ 62-183 that electric power companies may condemn by eminent domain a "right-of-way over the lands, privileges and easements of other persons and corporations" and language in the aviation statutes which declares that airport hazards are not in the public interest and…”
Barrier v. Troutman, 55 S.E.2d 923 (N.C. 1949).
“317 , it was said: “That it is a nuisance, which annoys and disturbs one in the possession of his property, rendering its ordinary use and occupation physically uncomfortable to him. For such annoyance and discomfort the courts of law will afford redress by giving damages…”
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