Utah Code
Utah Code § 72-10-413 (2026)
Purchase or condemnation of air rights or navigation easements
✓ current as of May 2026
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A political subdivision owning the airport, whether or not the airport is located within the territorial limits of the political subdivision, or a political subdivision that is served by the airport may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, an air right, an avigation easement, or other estate or interest in the property or nonconforming structure or use in question if:
it is desired to remove, lower, or otherwise terminate a nonconforming structure or use;
the approach protection necessary cannot, because of constitutional limitations, be provided by airport land use regulations under this part; or
it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations.
Notes of Decisions
Cited in 1
case, 2020–2020 · leading case: Salt Lake City v. Kunz, 2020 UT App 139 (Utah Ct. App. 2020).
Salt Lake City v. Kunz, 2020 UT App 139 (Utah Ct. App. 2020). “[and] has been granted the authority to condemn the air rights in question pursuant to several statutes including without limitation Utah Code Ann. §§ 72-10-413 , 72-10-203 through 205, 10-8-2, and related statutes.”
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