Title 50, AVIATION

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of airports and aviation facilities pursuant to the provisions of this chapter, any subdivision for which an authority has been created may, upon such terms, with or without conside…

A regional airport authority shall have the power: (1) To sue and be sued; to have a seal; and to have perpetual succession; (2) To execute such contracts and other instruments and take such other action as may be necessary or convenient to carry out the purposes of this chapter.…

A regional airport authority may plan, establish, acquire, develop, construct, purchase, enlarge, improve, maintain, equip, operate, regulate, and protect airports and aviation facilities, within this state and within any adjoining state, including the acquisition, construction, …

An authority may acquire, by purchase, gift, devise, lease, eminent domain proceedings, or otherwise, existing airports and aviation facilities. However an authority may not acquire or take over any airport or aviation facility owned or controlled by another authority, a subdivis…

A regional airport authority shall have the power to establish or acquire and maintain airports in, over, and upon any public waters of this state, any submerged lands under such public waters; and to construct and maintain terminal buildings, landing floats, causeways, roadways,…

In the acquisition of property by eminent domain proceedings authorized by this chapter, an airport authority shall proceed in the manner provided by chapter 21-35 , and such other laws that may now or hereafter apply to the state or to political subdivisions of this state in exe…

Any subdivision may by resolution, create a public body, corporate and politic, to be known as a regional airport authority. That authority shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. Source: SL 1976…

Notwithstanding the provisions of any other statute or other law of this state, a regional airport authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of such proceedings. The authority shall not be preclud…

A regional airport authority shall have the power to establish comprehensive airport zoning regulations in accordance with the laws of this state. For the purpose of this chapter, a regional airport authority shall have the same powers as all other political subdivisions in the a…

Nothing contained in this chapter shall be construed to limit any right, power, or authority of a subdivision to regulate airport hazards by zoning. Source: SL 1976, ch 303 , § 35.

An authority shall have all the powers necessary or convenient to carry out the purposes of this chapter including the power to certify, annually to the governing bodies creating it, the amount of financial support requested from said governing bodies for airport purposes. Each s…

In counties or municipalities supporting airport authorities, a levy in addition to all other levies permitted by law, not to exceed two dollars and forty cents per thousand dollars of taxable valuation of property in such county or municipality, may be made for such purposes, bu…

The proceeds of taxes for support of an airport authority when and as paid to the airport authority shall be deposited in a special account or accounts in which other revenues of the authority are deposited and may be expended by the authority as provided for in this chapter. Sou…

Prior to the issuance of bonds under § 50-6A-29 the airport authority may by resolution covenant and agree that the total amount of such taxes then authorized by law, or such portion thereof as may be specified by the resolution, will be certified, levied and deposited annually a…

An authority is authorized to accept, receive, receipt for, disburse, and expend federal and state moneys and other moneys, public or private, made available by grant or loan or both, to accomplish, in whole or in part, any of the purposes of this chapter. All federal moneys acce…

An authority may designate the department as the authority's agent to accept, receive, receipt for, and disburse federal and state moneys, and other moneys, public or private, made available by grant or loan or both, to accomplish in whole or in part, any of the purposes of this …

An authority shall have the power to borrow money for any of its corporate purposes and issue its bonds therefor, including refunding bonds, in such form and upon such terms as it may determine, payable out of any revenues of the authority, including grants or contributions from …

A subdivision shall not adopt any resolution authorized by § 50-6A-2 or 50-6A-11 without a public hearing thereon. Notice thereof shall be given at least ten days prior thereto in the official newspaper of the subdivision, or if the subdivision has no official newspaper, then in …

Any bonds issued pursuant to this chapter by an authority shall be payable, as to principal and interest, solely from revenues of an airport or airport facility or facilities, and shall so state on their face, but if any such issue of bonds constitutes an indebtedness within the …

For the security of any such bonds the authority may by resolution make and enter into any covenant, agreement, or indenture authorized to be made as security for revenue bonds. The sums required from time to time to pay principal and interest and to create and maintain a reserve…

Any bond reciting in substance that it has been issued by the authority pursuant to the provisions of this chapter and for a purpose or purposes authorized to be accomplished by this chapter shall be conclusively deemed, in any suit, action, or proceeding involving the validity o…

In case any of the commissioners or officers of an authority whose signatures appear on any bonds or coupons shall cease to be such commissioners or officers after authorization but before the delivery of the bonds, the signature shall, nevertheless be valid and sufficient for al…

Bonds issued pursuant to § 50-6A-29 shall be sold at public sale, except when such obligations do not exceed the total sum of one hundred thousand dollars, and shall bear interest. Source: SL 1976, ch 303 , § 13; SL 1983, ch 28 , § 64.

Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable. Source: SL 1976, ch 303 , § 15.

Bonds issued by an authority pursuant to the provisions of this chapter are declared to be issued for an essential public and governmental purpose and, together with interest thereon, and income therefrom, shall be exempt from all taxes. Source: SL 1976, ch 303 , § 16.

Neither the commissioners of an authority nor any person executing such bonds shall be liable personally thereon by reason of the issuance thereof, except to the extent that the bonds, if constituting an indebtedness, exceed any applicable limitation or restriction. Source: SL 19…

In connection with the operation of an airport or airport facility owned or controlled by an authority, the authority may enter into contracts, leases, and other arrangements for terms not to exceed thirty years with any persons: (1) Granting the privilege of using or improving t…

A regional airport authority may pay compensation to a regularly scheduled commercial air carrier to provide basic or enhanced air service as provided in the Airport and Airway Safety and Capacity Expansion Act of 1987 and may provide compensation to a regularly scheduled air car…

Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by §§ 50-6A-27 and 50-6A-28 , an authority may by contract, lease, or other arrangements, upon a consideration fixed by it, grant to any qualified person for a term not to exceed thir…

The governing bodies of the subdivisions participating in the creation of the regional airport authority shall, pursuant to such joint resolution appoint not less than five persons as commissioners of the regional airport authority. The number of commissioners to be appointed and…

Except as may be limited by the terms and conditions of any grant, loan or agreement, authorized by §§ 50-6A-27 and 50-6A-28 , an authority may, by sale, lease, or otherwise, dispose of any airport, airport facility, or other property, or portion thereof or interest therein, acqu…

An authority may adopt, amend, and repeal such reasonable resolutions, rules, regulations, and orders as it deems necessary for the management, government, and use of any airport or airport facility owned by it or under its control. No rule, regulation, order, or standard prescri…

For the purposes of this section and §§ 50-6A-43 to 50-6A-51 , inclusive, unless otherwise qualified: (1) The term "public agency" includes any subdivision or authority, as defined in this chapter, any agency of the state government or of the United States, and any municipality, …

All powers, privileges, and authority granted by this chapter may be exercised and enjoyed by an authority jointly with any public agency of this state, and jointly with any public agency of any adjoining state or of the United States to the extent that the laws of such other sta…

Any two or more public agencies may enter into agreements with each other for joint action pursuant to the provisions of §§ 50-6A-42 to 50-6A-51 , inclusive. Each agreement shall specify its duration, the proportionate interest which each public agency shall have in the property,…

Public agencies acting jointly pursuant to §§ 50-6A-42 to 50-6A-51 , inclusive, shall create a joint board which shall consist of members appointed by the governing body of each participating public agency. The number to be appointed, their term and compensation, if any, shall be…

The total expenditures to be made by the joint board for any purpose in any calendar year shall be as determined by a budget approved by the constituent public agencies on or before the preceding December first, or as otherwise specifically authorized by the constituent public ag…

No airport, airport facility, airport hazard, or real or personal property, the cost of which is in excess of sums fixed therefor by the joint agreement or allotted in the annual budget, may be acquired, established, or developed by the joint board without the approval of the gov…

Eminent domain proceedings under §§ 50-6A-42 to 50-6A-45 , inclusive, may be instituted by the joint board only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, such proceedings shall be instituted in the names of the c…

Any resolutions, rules, regulations, or orders of the joint board dealing with subjects authorized by §§ 50-6A-38 and 50-6A-39 shall become effective only upon approval of the governing bodies of the constituent public agencies; provided that upon such approval, the resolutions, …

Upon the appointment and qualification of the commissioners first appointed to a regional airport authority, the regional airport authority shall submit, to the secretary of state, a certified copy of each resolution adopted pursuant to § 50-6A-2 by the subdivisions included in t…

For the purpose of providing the joint board with moneys for the necessary expenditures in carrying out the provisions of §§ 50-6A-42 to 50-6A-51 , inclusive, a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public a…

The joint board may not dispose of any airport, airport facility, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies, provided that the joint board may, without such consent, enter into contracts, leases, or …

The acquisition of any land, or interest therein, pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, and protection of airports and airport facilities, including the acquisitio…

Any property in this state acquired by an authority for airport purposes pursuant to the provisions of this chapter, and any income derived by the authority from the ownership, operation, or control thereof, shall be exempt from taxation to the same extent as other property used …

If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid appli…