(620 ILCS 25/33) (from Ch. 15 1/2, par. 48.33)
Sec. 33.
Acquisition of air rights.
In any case in which: (1) it is desired to remove, lower, or otherwise
terminate a non-conforming structure or use; or (2) the approach protection
necessary cannot, because of constitutional limitations, be provided by
airport zoning regulations under this Act; or (3) it appears advisable
that the necessary approach protection be provided by acquisition of
property rights rather than by airport zoning regulations, the Department,
on behalf of and in the name of the State, within the limitation of
available appropriations, or each political subdivision within which the
property or non-conforming use is wholly or partly located or the political
subdivision owning, operating, controlling or which is lessee or lessor of
the airport or is served by it may acquire, by purchase, grant, or
condemnation in the manner provided by the law under which the Department,
on behalf of and in the name of the State, or political subdivisions are
authorized to acquire real property for public purposes, such air right,
avigation easement, or other estate or interest in the property or
non-conforming structure or use in question as may be necessary to
effectuate the purposes of this Act.
(Source: Laws 1945, p. 317.)
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