Code of Alabama

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23-1-371
Section 23-1-371 Formulation, adoption, of aircraft approach plans; airspace reservations.
(a) The Legislature finds that an airport hazard endangers the lives and property of the general
public, the users of airports, and the occupants of land in their vicinity, and 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 therein.
Accordingly, the creation, establishment, or maintenance of an airport hazard is a public
nuisance and harms the community served by the affected airport; it is therefore necessary
in the interest of the public health and safety and general welfare that the creation or establishment
of airport hazards be prevented and both the prevention of the creation or establishment of
airport hazards and the elimination, removal, alteration, mitigation, abatement, or marking
or lighting of existing airport hazards are public purposes for which...
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4-6-3
Section 4-6-3 Airport hazards contrary to public interest; elimination, alteration,
etc., of hazards declared public purpose. It is hereby found that an airport hazard endangers
the lives and property of users of the airport and of occupants of land 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 therein. Accordingly, it is hereby declared: (1)
That the creation or establishment of an airport hazard is an injury to the community served
by the airport in question; (2) That it is therefore necessary in the interest of the public
health, public safety and general welfare that the creation or establishment of airport hazards
be prevented; and (3) That this should be accomplished, to the extent legally possible, by
exercise of the police power. It is further declared that both the prevention of...
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4-6-4
Section 4-6-4 Authority of counties and municipalities to adopt regulations; zoning
jurisdiction of counties and municipalities. (a) Counties. - In order to prevent the creation
or establishment of airport hazards, any county having an airport hazard area within its zoning
jurisdiction, as hereinafter defined, may adopt, administer and enforce, under the police
power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations
for such airport hazard area, which regulations may divide such area into zones, and within
such zones specify the land uses permitted and regulate and restrict the height to which structures
and trees may be erected or allowed to grow. The zoning jurisdiction of the county is hereby
declared to be all unincorporated areas in the county, except within the police jurisdiction
of any municipality and the area within two miles of an airport owned or operated by a municipality
when said municipality exercises or declares its intention...
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4-6-8
Section 4-6-8 Permits; variances; installation, etc., of markers and lights upon airport
hazards. (a) Permits. - Any airport zoning regulations adopted under this chapter may require
that a permit be obtained before any new structure or use may be constructed or established
and before any existing use or structure may be substantially changed or substantially altered.
All such regulations may provide rules under which nonconforming uses shall be discontinued
and removed in case of being abandoned, destroyed, deteriorated or decayed. In any event,
however, all such regulations shall provide that before any nonconforming structure or tree
may be replaced, substantially altered, rebuilt, allowed to grow higher or replanted, a permit
must be secured from the administrative agency authorized to administer and enforce the regulations,
authorizing such replacement or change; but no such permit shall be required to make maintenance
repairs to or to replace parts of existing structures which do...
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23-1-352
Section 23-1-352 Definitions. For the purpose of the laws of this state relating to
aeronautics, the following words, terms, and phrases shall have the meanings herein given,
unless otherwise specifically defined, or unless another intention clearly appears or the
context requires otherwise: (1) AERONAUTICS or AERONAUTICAL ACTIVITIES. The science and art
of flight including, but not limited to, transportation by aircraft; the operation, construction,
repair, or maintenance of aircraft, aircraft power plants and accessories, including the use,
repair, packing, and maintenance of parachutes; the design, establishment, construction, expansion,
operation, improvement, repair, or maintenance of airports, restricted landing areas, or other
air navigation facilities including the aerial and ground approaches thereto; and instruction
in flying or ground subjects pertaining thereto. (2) AERONAUTICAL INSTRUCTION. The imparting
of aeronautical knowledge or information by any aeronautics...
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11-99-2
Section 11-99-2 Definitions. As used in this chapter: (1) BLIGHTED OR ECONOMICALLY DISTRESSED
AREA: a. An area in which the structures, buildings, or improvements, by reason of dilapidation,
deterioration, age, or obsolescence, inadequate provision for ventilation, light, air, sanitation,
or open spaces, high density of population and overcrowding, or the existence of conditions
which endanger life or property by fire and other causes, or any combination of such factors,
are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency,
or crime, and are detrimental to the public health, safety, morals, or welfare, or b. Any
area which by reason of the presence of a substantial number of substandard, slum, deteriorated,
or deteriorating structures, predominance of defective or inadequate street layout, faulty
lot layout in relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe
conditions, deterioration of site or other improvements,...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state,
shall execute a compact, in substantially the following form, with the State of Mississippi,
and the Legislature approves and ratifies the compact in the form substantially as follows:
Northeast Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states
solemnly agree: Article I. The purpose of this compact is to promote and develop trade, commerce,
industry, and employment opportunities for the public good and welfare in northeast Mississippi
and northwest Alabama through the establishment of a joint interstate authority to acquire
certain railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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23-1-373
Section 23-1-373 Certificate of approval or license for airport, landing field - Standards
for issuance. In determining whether to issue a certificate of approval or license for any
proposed airport or restricted landing area, the director may consider proposed location,
size, and layout, the relationship of the proposed airport or restricted landing area to other
airports that may exist in the area and to a comprehensive plan for statewide and nationwide
airport development, whether there are safe areas available for expansion purposes, whether
the adjoining area is free from obstructions or airport hazards based upon appropriate aircraft
performance characteristics, and the nature of the terrain, the estimated cost of preparation
of the land and the airport's approach and departure paths, and the nature of the uses to
which the proposed airport or restricted landing area will be put subject to the possibilities
for other future aeronautical development. (Act 2000-220, p. 328, ยง26.)...
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23-1-379
Section 23-1-379 Acquisition of easements and other airport protection privileges. Where
necessary, in order to provide unobstructed airspace for the landing and taking off of aircraft
utilizing airports and restricted landing areas acquired or operated under this article, the
department may acquire, in the same manner as provided in Section 23-1-378, easements
through or interests in airspace over land or water, interests in airport hazard areas outside
the boundaries of the airports or restricted landing areas, and other airport protection privileges
as necessary to insure safe approaches to the landing areas of airports and restricted landing
areas and the safe and efficient operation thereof. The department may acquire, in the same
manner, the right or easement, for a term of years or perpetually, to place or maintain suitable
marks for the daytime marking and suitable lights for the nighttime marking of airport hazards,
including the right of ingress and egress to or from airport...
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23-1-411
Section 23-1-411 Definitions. As used in this article, the following terms have the
following meanings: (1) AIRPORT. Any area of existing land or man-made construction, except
a restricted landing area, that is currently used, made available, or designed for the landing
and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing,
maintenance, or repair of aircraft, and whether or not facilities are provided for receiving
and discharging passengers or cargo, so long as such area meets the minimum requirements as
to size, design, surfacing, marking, equipment, and management provided by the department
for airports owned or operated by a political subdivision. A military airport under the control
of the federal government is an airport for purposes of this article. For purposes of this
article, only a publicly owned, public use airport shall be considered to be an airport; provided,
however, that a heliport shall not be considered to be an airport for...
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