N.Y. GMU Law § 355 — New York Code / Act GMU / Article 14 / Section 355
Acquisition of rights and property surrounding airports
Status: in_force

§ 355. Acquisition of rights and property surrounding airports.  Any\ncounty, city, village or town which has established and is operating, or\nwill hereafter establish and operate, an airport, landing field or\nseaplane harbor, is hereby authorized to condemn, or acquire by purchase\nor gift, the right to abate or remove any flight hazard including any\nstructure, building, tower, pole, wire, tree or other thing, or portion\nthereof, located within the flight hazard area being the approach and\nturning zones which lie within three thousand feet of such airport,\nlanding field or seaplane harbor or within such greater distance as the\nFederal Civil Aeronautics Administration or its successor may declare to\nbe necessary with respect to any particular airport, landing field or\nseaplane harbor for the approach and turning zones appurtenant thereto,\nand which the governing body of such county, city, village or town shall\ndetermine to constitute a menace to the safety of aircraft using such\nairport, landing field or seaplane harbor, or to the safety of persons\nand property within the flight hazard area above defined, including the\nright of ingress to and egress from the place upon which such structure,\nbuilding, tower, pole, wire, tree or other thing exists, for the purpose\nof such abatement or removal. Any such county, city, village or town is\nfurther authorized to condemn or acquire by purchase or gift, the right\nto unobstructed use of such portion of the air space within three\nthousand feet of such airport, landing field or seaplane harbor or\nwithin such greater distance as may be certified to be necessary in the\nmanner heretofore provided in this section so that nothing will\ninterfere with the ascent or the descent of any aircraft at a gliding\nangle of one foot in height to every thirty feet of horizontal distance\nfrom the nearest point of such airport, landing field or seaplane harbor\nor at such other angles as may be declared by the Federal Civil\nAeronautics Administration, or its successor, as necessary for the\napproach and turning zones with respect to any particular airport,\nlanding field or seaplane harbor. Any such county, city, village or town\nis further authorized to condemn, or acquire by purchase or gift, for a\nterm of years or perpetually, the right to place and maintain,\nobstruction markers and/or lights upon any structure, building, tower,\npole, wire, tree, or other thing located within three thousand feet of\nsuch airport, landing field or seaplane harbor or within such greater\ndistance as may be certified to be necessary in the manner heretofore\nprovided in this section, which the governing body of such county, city,\nvillage or town shall determine to constitute a menace to aerial\nnavigation to or from said airport, landing field or seaplane harbor,\nincluding the right to lay and maintain conduits and wires to such\nobstruction markers and/or lights.  Any such property or property right\nin any structure, land, building, tower, pole, wire, tree or other thing\nor portion thereof shall be acquired by purchase, if the county, city,\nvillage or town is able to agree with the owners on the terms thereof,\nand otherwise any such property or property right in any structure,\nland, building, tower, pole, wire, tree or other thing or portion\nthereof may be taken by acquisition, in the manner provided by and\nsubject to the provisions of the eminent domain procedure law.\n