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

   2. (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

      1. (B) airport zoning regulations are not sufficient to provide necessary approach protection because of constitutional limitations; or
      2. (C) the acquisition of a property right is more advisable than an airport zoning regulation in providing necessary approach protection.

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

2. (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.