(a) The executive director shall notify the owner or person responsible for the existence of any obstacle so located as to constitute a hazard to aerial navigation or to the efficient or safe use of any airport, requiring such owner or other person to remove such obstacle within such reasonable time as is fixed by said executive director. The owner or owners of such airport shall pay to the owner of such obstacle just compensation for such removal.
(b) In the case of an application for an approval or a license from the executive director for a commercial airport, if there is any obstacle at or near the landing area which would violate the minimum physical standards for commercial airports adopted by the executive director under section 15-41 and the removal of such obstacle is a prerequisite for the approval or license, the executive director shall notify the owner or person responsible for the existence of the obstacle, requiring such owner or person to remove it within such time as the executive director determines. The applicant for the approval or license shall pay the owner of the obstacle just compensation for its removal.
(c) Any person aggrieved by the action of said executive director in relation to the removal of an obstacle under subsection (a) or (b) of this section may appeal therefrom to the superior court for the judicial district within which such obstacle is located or to any judge thereof in vacation; but, if the ground of appeal is a disagreement as to the amount of such compensation, the removal of such obstacle shall not be delayed pending the determination of such amount.
(1949 Rev., S. 4829; 1969, P.A. 768, S. 185; 1971, P.A. 870, S. 41; P.A. 76-436, S. 353, 681; P.A. 78-280, S. 1, 127; P.A. 83-238; P.A. 15-192, S. 37.)
History: 1969 act replaced “commission”, referring to aeronautics commission, with “commissioner”, referring to commissioner of transportation; 1971 act replaced superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 83-238 made existing section Subsecs. (a) and (c) and added Subsec. (b), providing for removal of obstacles at or near certain landing areas; P.A. 15-192 replaced “commissioner” with “executive director” and made a technical change, effective July 2, 2015.
Cited. 185 C. 145.
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