§262-2 Airport hazards contrary to public interest. An airport hazard endangers the lives and property of users of an airport and of occupants of land in its vicinity, and in effect reduces the size of the area available for the landing, taking-off, and maneuvering of aircraft, thus tending to destroy or impair the utility of an airport and the public investment therein. Accordingly, it is declared:
(1) That the creation, maintenance, or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; therefore, it is necessary in the interest of the public health, public safety, and general welfare that the creation, maintenance, or establishment of airport hazards be prevented; and
(2) That the prevention of the creation, maintenance, or establishment of airport hazards should be accomplished, to the extent legally possible, by exercise of the police power, without compensation.
It is further declared that both the prevention of the creation, maintenance, or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes. [L 1965, c 140, pt of §1; Supp, §17A-2; HRS §262-2]
Case Notes
Cited: 17 H. 523, 524.
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