Montana Code Annotated 1995

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     67-5-202. Regulation of existing structures -- power of acquisition. With respect to any building or other structure existing on February 7, 1939, which does not conform to the regulations of this chapter in the manner of height, the governmental authority affected thereby (whether the United States, the state of Montana, the several counties, or the several municipalities) in its own right and name, to protect its own airports and landing fields and to carry out the purposes and provisions of this chapter, shall have and is hereby given the right and authority to acquire by purchase, grant, or condemnation, such estate or interest in any such building or structure or other object, whether natural object or not, and/or in the lands upon which situated as is necessary to vest full and absolute ownership and control in perpetuity of the space above such land to the extent necessary to correct or abate the height of any such nonconforming building or other structure or object to meet the requirements of this chapter as to height limitation within the zones designated.

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

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