An airport hazard is a condition, occurrence or activity that endangers the lives and property of users of an airport and of occupants of land and other persons in its vicinity, and also, if of the obstruction type, 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 the airport and the public investment in it. Therefore:

(1) the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by an airport;

(2) it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented;

(3) this should be accomplished, to the extent legally possible, by proper exercise of the police power;

(4) the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which county, municipal, or regional authorities may raise and expend public funds, as an incident to the operation of airports, to acquire land or property interests in them; and

(5) in the event of an abatement of an airport hazard on private property by the division under Section 55-5-80 or Section 55-9-280, the division and a local government shall have the ability to seek cost recovery against the person responsible for creating or maintaining the hazard for the actual costs in the removal or abatement of the hazard.

HISTORY: 2012 Act No. 270, Section 4, eff June 18, 2012.