Article 2.6. Hazard Elimination; Flight Disturbance of California Public Utilities Code >> Division 9. >> Part 1. >> Chapter 4. >> Article 2.6.
(a) Any person authorized to exercise the power of eminent
domain for airport purposes may acquire by purchase, gift, devise,
lease, condemnation, or otherwise:
(1) Any property necessary to permit the safe and efficient
operation of the airport, or to permit the removal, elimination,
obstruction-marking, or obstruction-lighting of airport hazards, or
to prevent the establishment of airport hazards.
(2) Airspace or an easement in such airspace above the surface of
property where necessary to permit imposition upon such property of
excessive noise, vibration, discomfort, inconvenience, interference
with use and enjoyment, and any consequent reduction in market value,
due to the operation of aircraft to and from the airport.
(3) Remainder property underlying property taken pursuant to
paragraph (2), where permitted by Section 1240.410 of the Code of
(b) As used in this section, "property" includes real and personal
property and any right or interest therein, whether within, beyond,
adjacent to, or in the vicinity of, the boundaries of an airport or
airport site, and, by way of illustration and not by way of
limitation, includes air rights, airspace, air easements, and
easements in airport hazards.
Any person authorized to exercise the power of eminent
domain for airport purposes may provide, by purchase, gift, devise,
lease, condemnation, or otherwise, for the removal or relocation of
any airport hazard or the removal or relocation of all facilities,
structures, and equipment that may interfere with the location,
expansion, development, or improvement of the airport and other air
navigation facilities or with the safe approach thereto and takeoff
therefrom by aircraft. Any person acting under authority of this
section shall pay the cost of such removal or relocation.