Pennsylvania Consolidated Statutes

74 Pa. Cons. Stat. § 5920 (2026)

Acquisition of air rights.

✓ current as of May 2026

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§ 5920. Acquisition of air rights.

In any case in which it is desired to remove, lower or otherwise terminate a nonconforming structure or use, or the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations, or it appears advisable that the necessary approach protection be provided by acquisition of property rights, rather than by airport zoning regulations, the municipality within which the property or nonconforming use is located, or the municipality or municipal authority owning the airport or served by it, may acquire by purchase, grant or condemnation, in the manner provided by the law under which municipalities are authorized to acquire real property for public purposes, such air right, aviation easement or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purpose of this subchapter. In the case of the purchase of any property or any easement or estate, or interest therein, or the acquisition thereof by the power of eminent domain, the municipality making the purchase or exercising the power shall, in addition to the damages for the taking, injury or destruction of property, also pay the cost of the removal and relocation of any structure or any public utility which is required to be moved to a new location.

Cross References. Section 5920 is referred to in section 206 of Title 26 (Eminent Domain).

Notes of Decisions

Cited in 2 cases, 1993–1999 · leading case: In Re Flowers, 734 A.2d 69 (Pa. Commw. Ct. 1999).

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In Re Flowers, 734 A.2d 69 (Pa. Commw. Ct. 1999). “Where the nature of the aircraft flights over private property are so intrusive that an air easement is acquired, Section 5920 of the Aviation Code, 74 Pa.C.S. § 5920, provides, in relevant part: [T]he municipality or municipal authority owning the airport or served by it, may…”

Commonwealth v. Rogers, 634 A.2d 245 (Pa. Super. Ct. 1993). “74 Pa.C.S. § 5920. Based upon these sections of the Aviation Code, appellant argues that Venango County was required to prevent the occurrence of airport hazards through either the adoption of zoning regulations or the obtaining of easements, and not by *266 the enforcement of…”

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.