Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Local Government Code § 241.903: ACQUISITION OF AIR RIGHTS OR OTHER PROPERTY.

(a) A political subdivision may acquire from a person or other political subdivision an air right, aviation easement, or other estate or interest in property or in a nonconforming structure or use if:
(1) the acquisition is necessary to accomplish the purposes of this chapter;
(2) the property or nonconforming structure or use is located within the political subdivision, the political subdivision owns the airport, or the political subdivision is served by the airport; and
(3)(A) the political subdivision desires to remove, lower, or terminate the nonconforming structure or use;
(B) airport zoning regulations are not sufficient to provide necessary approach protection because of constitutional limitations; or
(C) the acquisition of a property right is more advisable than an airport zoning regulation in providing necessary approach protection.
(b) An acquisition under this section may be by purchase, grant, or condemnation in the manner provided by Subchapter B, Chapter 21, Property Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Where this section sits in the code

LOCAL GOVERNMENT CODE
TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES
SUBTITLE C. REGULATORY AUTHORITY APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT
CHAPTER 241. MUNICIPAL AND COUNTY ZONING AUTHORITY AROUND AIRPORTS
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

(1) the acquisition is necessary to accomplish the purposes of this chapter;

(2) the property or nonconforming structure or use is located within the political subdivision, the political subdivision owns the airport, or the political subdivision is served by the airport; and

(3)(A) the political subdivision desires to remove, lower, or terminate the nonconforming structure or use;

(B) airport zoning regulations are not sufficient to provide necessary approach protection because of constitutional limitations; or

(C) the acquisition of a property right is more advisable than an airport zoning regulation in providing necessary approach protection.

(b) An acquisition under this section may be by purchase, grant, or condemnation in the manner provided by Subchapter B, Chapter 21, Property Code.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Collected 2026-08-27T01:47:27Z. Source file · JSON

Browse this collection