N.Y. General Municipal Law Section 355
Acquisition of rights and property surrounding airports

Any county, city, village or town which has established and is operating, or will hereafter establish and operate, an airport, landing field or seaplane harbor, is hereby authorized to condemn, or acquire by purchase or gift, the right to abate or remove any flight hazard including any structure, building, tower, pole, wire, tree or other thing, or portion thereof, located within the flight hazard area being the approach and turning zones which lie within three thousand feet of such airport, landing field or seaplane harbor or within such greater distance as the Federal Civil Aeronautics Administration or its successor may declare to be necessary with respect to any particular airport, landing field or seaplane harbor for the approach and turning zones appurtenant thereto, and which the governing body of such county, city, village or town shall determine to constitute a menace to the safety of aircraft using such airport, landing field or seaplane harbor, or to the safety of persons and property within the flight hazard area above defined, including the right of ingress to and egress from the place upon which such structure, building, tower, pole, wire, tree or other thing exists, for the purpose of such abatement or removal. Any such county, city, village or town is further authorized to condemn or acquire by purchase or gift, the right to unobstructed use of such portion of the air space within three thousand feet of such airport, landing field or seaplane harbor or within such greater distance as may be certified to be necessary in the manner heretofore provided in this section so that nothing will interfere with the ascent or the descent of any aircraft at a gliding angle of one foot in height to every thirty feet of horizontal distance from the nearest point of such airport, landing field or seaplane harbor or at such other angles as may be declared by the Federal Civil Aeronautics Administration, or its successor, as necessary for the approach and turning zones with respect to any particular airport, landing field or seaplane harbor. Any such county, city, village or town is further authorized to condemn, or acquire by purchase or gift, for a term of years or perpetually, the right to place and maintain, obstruction markers and/or lights upon any structure, building, tower, pole, wire, tree, or other thing located within three thousand feet of such airport, landing field or seaplane harbor or within such greater distance as may be certified to be necessary in the manner heretofore provided in this section, which the governing body of such county, city, village or town shall determine to constitute a menace to aerial navigation to or from said airport, landing field or seaplane harbor, including the right to lay and maintain conduits and wires to such obstruction markers and/or lights. Any such property or property right in any structure, land, building, tower, pole, wire, tree or other thing or portion thereof shall be acquired by purchase, if the county, city, village or town is able to agree with the owners on the terms thereof, and otherwise any such property or property right in any structure, land, building, tower, pole, wire, tree or other thing or portion thereof may be taken by acquisition, in the manner provided by and subject to the provisions of the eminent domain procedure law.

Source: Section 355 — Acquisition of rights and property surrounding airports, https://www.­nysenate.­gov/legislation/laws/GMU/355 (updated Sep. 22, 2014; accessed Jan. 18, 2025).

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Accessed:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 355’s source at nysenate​.gov

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