Alabama § 4-6-13 - Acquisition of Air Rights, Easements, Etc.

Full text of Alabama Code of Alabama § 4-6-13 — Acquisition of Air Rights, Easements, Etc., with citation guidance and answers to common questions.

§ 4-6-13. Acquisition of Air Rights, Easements, Etc.

In any case in which:

      (1) It is desired to remove, lower or otherwise terminate a nonconforming structure or use; or
      (2) The approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or
      (3) It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations,

the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such air right, avigation easement or other estates or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of this chapter. In the case of the purchase of any property or any easement or estate or interest therein or the acquisition of the same by the power of eminent domain, the political subdivision making such purchase or exercising such power shall, in addition to the damages for the taking, injury or destruction of property, also pay the cost of the removal and relocation of any structure or any public utility which is required to be moved to a new location.

Nothing contained in this chapter shall be construed as authorizing the doing of any act or taking of any property or right therein without first making just compensation to the owner thereof for such damage for the property taken or the interest therein taken and any other damage to such owner’s property not taken.

Source: official Alabama text · Last verified 2026-08-27

Frequently Asked Questions About Alabama § 4-6-13

What does Code of Alabama § 4-6-13 cover?

Section 4-6-13 ("Acquisition of Air Rights, Easements, Etc.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Alabama § 4-6-13?

A common citation format is "Code of Alabama § 4-6-13" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Alabama law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.

How does Alabama § 4-6-13 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.