1506                                                  LAWS OF MARYLAND                             [Ch. 363

(1)   A NONCONFORMING USE, STRUCTURE OR TREE IS
AN AIRPORT HAZARD AND IT IS NECESSARY OR DESIRABLE TO
REMOVE, LOWER OR OTHERWISE TERMINATE IT; OR

(2)    THE AERIAL APPROACHES TO AN AIRPORT
CANNOT BE MADE SAFE OR MAINTAINED IN THAT CONDITION BY
AIRPORT ZONING REGULATIONS ADOPTED UNDER THIS SECTION
BECAUSE OF CONSTITUTIONAL LIMITATIONS; OR

(3)      IT IS ADVANTAGEOUS TO MAKE AERIAL
APPROACHES TO AN AIRPORT SAFE AND MAINTAIN THEM IN THAT
CONDITION BY THE ACQUISITION OF PROPERTY RIGHTS OR
INTERESTS RATHER THAN BY AIRPORT ZONING REGULATIONS; OR

(4)    ANY ZONING REGULATION OR ANY ORDER,
REQUIREMENT, DECISION OR DETERMINATION ISSUED OR MADE BY
AN AUTHORITY HAVING THE POWER TO DO SO INTERFERES WITH
THE USE OR ENJOYMENT OF PRIVATE PROPERTY, OR OTHERWISE
INFRINGES UPON PRIVATE PROPERTY RIGHTS TO SUCH AN EXTENT
THAT IT WOULD BE TAKING OF PRIVATE PROPERTY WITHOUT JUST
COMPENSATION UNDER THE PROVISIONS OF THE CONSTITUTION OF
THE UNITED STATES OR THE CONSTITUTION OF MARYLAND, THE
POLITICAL SUBDIVISION OWNING, CONTROLLING OR OPERATING
THE PARTICULAR AIRPORT AFFECTED MAY ACQUIRE BY PURCHASE,
GRANT, LEASE OR CONDEMNATION IN THE MANNER SET FORTH IN
TITLE 12 OF ARTICLE 21 OF THIS CODE, OR IN THE MANNER
PROVIDED BY LAW UNDER WHICH THE POLITICAL SUBDIVISION MAY
BE EMPOWERED TO ACQUIRE PROPERTY FOR PUBLIC PURPOSES,
OTHER THAN STREET PURPOSES, SUCH AS AIR RIGHT, EASEMENT
OR OTHER RIGHT, TITLE OR INTEREST IN PROPERTY AS MAY BE
NECESSARY OR PROPER TO ELIMINATE THE AIRPORT HAZARD OR TO
PROTECT THE SAID AERIAL APPROACHES OR TO EFFECTUATE THE
PURPOSES OF THIS SECTION.

(H) IN CASE IT SHOULD BE JUDICIALLY DETERMINED THAT
ANY WORD, PHRASE, CLAUSE, ITEM, SENTENCE, PARAGRAPH OR
SECTION OF THIS SECTION, OR ITS APPLICATION TO ANY PERSON
OR CIRCUMSTANCES, IS INVALID, THE REMAINING PROVISIONS
AND THE APPLICATION OF THESE PROVISIONS TO OTHER PERSONS
OR CIRCUMSTANCES SHALL NOT BE AFFECTED, IT BEING DECLARED
THAT SUCH REMAINING PROVISIONS OF THIS [[SUBTITLE]]
SECTION WITHOUT THE WORD, PHRASE, CLAUSE, ITEM, SENTENCE,
PARAGRAPH OR SECTION, OR THE APPLICATION THEREOF, SO HELD
INVALID, WOULD HAVE BEEN ENACTED.

THIS SECTION SHALL NOT APPLY TO OR BE APPLICABLE IN
BALTIMORE COUNTY, NOR TO ANY AIRPORT NOR ANY PROPERTY OR
PROPERTY INTEREST LOCATED IN WHOLE OR IN PART IN
BALTIMORE COUNTY, AS TO THE PART LOCATED THEREIN.

(I) THE ESTABLISHMENT OF AN AIRPORT IN THE SIXTH
ELECTION DISTRICT OF QUEEN ANNE'S COUNTY IS UNLAWFUL AND
NOTHING IN THIS ARTICLE AND NO REGULATIONS, RULE OR
ORDINANCE OF THE LOCAL GOVERNMENT OF THAT COUNTY OR ANY