Utah Code

Utah Code § 72-10-209 (2026)

Acquisition of air rights -- Condemnation

✓ current as of May 2026
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To provide unobstructed air space for the landing and taking off of aircraft using airports acquired or maintained under this chapter, the department and a county, municipality, or airport authority may acquire the air rights over private property necessary to insure safe approaches to the landing areas of the airports.
The air rights may be acquired by grant, purchase, lease, or condemnation in the same manner provided under Section 72-10-205 for the acquisition or expansion of airports.

Amended by Chapter 431, 2019 General Session

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Salt Lake City v. Kunz, 2020 UT App 139, 476 P.3d 989.
Salt Lake City v. Kunz, 2020 UT App 139, 476 P.3d 989. “§ 72-10-209 (LexisNexis Supp. 2019) (providing condemnation power to municipalities with airports to “acquire the air rights over private property necessary to [e]nsure safe approaches to the landing areas of the airports.”
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