Tex. Local Gov't Code Section 241.903
Acquisition of Air Rights or Other Property

(a)

A political subdivision may acquire from a person or other political subdivision an air right, aviation easement, or other estate or interest in property or in a nonconforming structure or use if:

(1)

the acquisition is necessary to accomplish the purposes of this chapter;

(2)

the property or nonconforming structure or use is located within the political subdivision, the political subdivision owns the airport, or the political subdivision is served by the airport; and

(3)

(A) the political subdivision desires to remove, lower, or terminate the nonconforming structure or use;

(B)

airport zoning regulations are not sufficient to provide necessary approach protection because of constitutional limitations; or

(C)

the acquisition of a property right is more advisable than an airport zoning regulation in providing necessary approach protection.

(b)

An acquisition under this section may be by purchase, grant, or condemnation in the manner provided by Subchapter B (Effect of Chapter on Survey Access Rights), Chapter 21 (Eminent Domain), Property Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Source: Section 241.903 — Acquisition of Air Rights or Other Property, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­241.­htm#241.­903 (accessed May 18, 2024).

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Accessed:
May 18, 2024

§ 241.903’s source at texas​.gov