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Acquisition of air rights - 74 Pa. Cons. Stat. § 5920

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     § 5920.  Acquisition of air rights.
        In any case in which it is desired to remove, lower or
     otherwise terminate a nonconforming structure or use, or the
     approach protection necessary cannot, because of constitutional
     limitations, be provided by airport zoning regulations, or it
     appears advisable that the necessary approach protection be
     provided by acquisition of property rights, rather than by
     airport zoning regulations, the municipality within which the
     property or nonconforming use is located, or the municipality or
     municipal authority owning the airport or served by it, may
     acquire by purchase, grant or condemnation, in the manner
     provided by the law under which municipalities are authorized to
     acquire real property for public purposes, such air right,
     aviation easement or other estate or interest in the property or
     nonconforming structure or use in question as may be necessary
     to effectuate the purpose of this subchapter. In the case of the
     purchase of any property or any easement or estate, or interest
     therein, or the acquisition thereof by the power of eminent
     domain, the municipality making the purchase or exercising the
     power shall, in addition to the damages for the taking, injury
     or destruction of property, also pay the cost of the removal and
     relocation of any structure or any public utility which is
     required to be moved to a new location.

        Cross References.  Section 5920 is referred to in section 206
     of Title 26 (Eminent Domain).

Last modified: November 27, 2007