§ 152.13 ACQUISITION OF AIR RIGHTS.
   In any case in which the following situations exist, the political subdivision within which the property or nonconforming use is located, or by the city of Hobart, as owner of the airport may acquire, by purchase, grant, or condemnation in the manner provided under the law for such public purposes, such air rights, aviation easements, or other estate or interest in the property of nonconforming structure or use in question may be necessary to effectuate the purpose of this chapter:
   (A)   It is desired to remove, lower, or otherwise terminate a nonconforming structure or use;
   (B)   The approach protection necessary cannot, because of constitutional limitations, be provided under this chapter; or
   (C)   It appears advisable that the necessary approach protection be provided by acquisition of the property rights rather than airport zoning regulations.
(Prior Code, § 12-614) (Ord. 02-01, passed 2-4-2002)