Montana Code Annotated 2001

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     67-5-202. Regulation of existing structures -- power of acquisition. A building or other structure existing on February 7, 1939, that does not conform to the height regulations of this chapter is subject to acquisition by the governmental entity owning or operating an airport or landing field. In order to protect its own airports and landing fields and to implement this chapter, the governmental authority may acquire by purchase, grant, or condemnation pursuant to Title 70, chapter 30, an estate or interest in any building, structure, or other object, whether a natural object or not, and in the lands upon which it is situated that is necessary to vest full control in perpetuity of the space above the land. The acquisition is limited to the extent necessary to correct the height of any nonconforming building, other structure, or object to meet the requirements of this chapter with respect to height limitation within the designated zones.

     History: En. Sec. 5, Ch. 12, L. 1939; R.C.M. 1947, 1-705; amd. Sec. 37, Ch. 125, L. 2001.

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