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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