Title 50 — AVIATION

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of an airport authority, such airport authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers hereun…

The powers of each regional airport authority shall be vested in the commissioners thereof. Each such authority shall adopt and amend from time to time rules for its own procedure not inconsistent with this section and §§ 50-6A-8 to 50-6A-10 , inclusive. A majority of the commiss…

Each such regional airport authority, once created, shall organize and elect officers for terms of office to be fixed by agreement. There shall be elected a chairman and vice - chairman from among the commissioners. Source: SL 1976, ch 303 , §§ 2, 9.

A regional airport authority may employ an executive director, secretary, technical experts, and such other officers, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation. For such legal services as …

For the purposes of this chapter, the term, municipalities, includes organized townships and organized counties, with any power and authority to be conferred upon organized townships and organized counties as is conferred upon municipalities. Source: SDC 1939, § 2.0206 as enacted…

The airport sponsor may designate the department as the airport sponsor's agent to accept, receive, and receipt for federal grants in the body's behalf for airport purposes, and to contract for the planning, construction, and maintenance of aviation facilities. The airport sponso…

Any contract for the planning, construction, and maintenance of any aviation facility, made by the airport sponsor, or through the agency of the department, shall be made in accordance with the laws of this state governing the making of contracts. Source: SDC 1939, § 2.0204 as ad…

The airport sponsor that has established an airport and acquired, leased, or set apart real property for purposes of an airport may plan, construct, and maintain the airport, and may lease or sublet the property for airport purposes. The expenses of the planning, construction, an…

The airport sponsor that has established an airport and acquired, leased, or set apart real property for purposes of an airport may vest jurisdiction for the planning, construction, maintenance, and operation of the airport, in any suitable officer, board, or body of the airport …

The governmental agency may adopt regulations and establish charges for the use of such airport, or may authorize an officer, board, or body of the governmental agency having jurisdiction to adopt regulations and establish charges, subject, however, to the approval of the governi…

Source: SL 1969, ch 189 ; SL 2020, ch 203 , § 27.

The department, on behalf of the commission, may enter into cooperative agreements with the governing body of a governmental agency, whereby, the initial expenditures for making authorized airport improvements may be paid from any state aeronautics fund moneys that may be availab…

The commission shall charge a governmental agency simple interest at the Category A rate of interest established in § 54-3-16 on the amount of money subject to reimbursement under § 50-7-15 from the date of the expenditure to the date of payment. Source: SL 1966, ch 4 ; SL 1992, …

No governmental agency in this state, whether acting alone or jointly with another governmental agency, may submit to the Federal Aviation Administration any project application under the provisions of any act of Congress which provides airport planning, construction, and develop…

The department may in cases where federal funds are channeled through the department, pursuant to the provisions of § 50-7-17 , enter into contracts and agreements binding on this state with the administrator of the Federal Aviation Administration to indemnify the United States f…

The indemnifying agreements authorized in §§ 50-7-17 and 50-7-18 are limited: (1) To agreements which obligate the department, acting for and on behalf of the State of South Dakota, to refund to the United States of America as represented by the administrator of the Federal Aviat…

The board of county commissioners of any county in this state may acquire, establish, construct, own, control, lease, equip, improve, maintain, operate, and regulate airports for the use of aircraft within the limits of the county, and may use for any such purpose any real proper…

50-7-2.2 50-7-2.2 to 50-7-2.4. Repealed by SL 2019, ch 204 , §§ 1 to 3. 50-7-3 Lease of airport to private operator--Liability for negligent maintenance of airport. 50-7-4 Acquisition of airport lands as public purpose--Procedure for condemnation--Exchange of lands. 50-7-5 Joint …

Any governmental agency may lease an airport or any portion of an airport or any airport facility for operating purposes to any person or corporation upon terms and conditions for a term of not to exceed fifty years as the governing body may approve. No governmental agency nor th…

Any lands acquired, owned, controlled, or occupied by a governmental agency for the purposes enumerated in § 50-7-3 shall and are hereby declared to be acquired, owned, controlled, and occupied for a public purpose and as a matter of public necessity. The governmental agency has …

Any power granted by this chapter to counties and municipalities may be exercised jointly by the county and municipalities located in the county or abutting county. In the case of any existing airport owned by a municipality, the county in which the municipality is located, or an…

The board of county commissioners may appropriate money for the purpose of paying the purchase price or award for real property acquired or to be acquired for an airport or landing field, and to pay therefor, wholly or partly by such appropriation. Source: SDC 1939, § 2.0202; SL …

If the question of establishing a county airport has not previously been approved by a majority vote of the voters at an election at which the question was submitted, then any county desiring to establish and construct an airport shall state in the next published report of the co…

The governing body of any municipality may appropriate money, levy a tax or issue the bonds of the municipality to pay the purchase price or award for real property acquired, or to be acquired, for an airport or landing field, and to pay for it, wholly or partly, by an appropriat…

The governing body of a municipality to which this chapter is applicable having power to appropriate money therein may annually appropriate and cause to be raised by taxation in such municipality a sum sufficient to carry out the provisions of this chapter. A county shall appropr…

Transferred to § 6-20-1 by SL 2019, ch 203, § 83.

50-8-11. Repealed by SL 1984, ch 43 , § 131.

Transferred to § 6-20-7 by SL 2019, ch 203, § 83.

50-8-14 to 50-8-16. Repealed by SL 1984, ch 43 , § 131.

Transferred to § 6-20-2 by SL 2019, ch 203, § 83.

Transferred to § 6-20-3 by SL 2019, ch 203, § 83.

50-8-5 to 50-8-7. Repealed by SL 1984, ch 43 , § 131.

50-8-9. Repealed by SL 1984, ch 43 , § 131.

A person or organization that has obtained a Federal Aviation Administration determination of no hazard, shall provide the determination to the commission prior to the start of construction or alteration of any structure that is subject to the jurisdiction of the Federal Aviation…

If conflicting jurisdiction arises over the control of the erection of a building, structure, tower, or hazard in relation to an airport, airway, or airport facility between the commission and any political subdivision of the state, the commission may overrule, change, modify, or…

50-9-12

50-9-13 Required marking of certain anemometer towers--Violation as misdemeanor. 50-9-14 Airport hazard--Public nuisance--Prevention. 50-9-15 Removal of airport hazards--Public purpose--Public funds.

Any anemometer tower that is fifty feet in height above the ground or higher, that is located outside the exterior boundaries of any municipality, and whose appearance is not otherwise mandated by state or federal law shall be marked, painted, flagged, or otherwise constructed to…

The creation or establishment of an airport hazard is a public nuisance and an injury to the community or the United States served by the airport and shall be prevented in accordance with this title. Source: SL 2020, ch 203 , § 14.

The prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the political subdivisions may raise and expend public funds and acquire land…

Source: SL 1953, ch 3 , § 6; SDC Supp 1960, § 2.0213; SL 2010, ch 227 , § 44; SL 2019, ch 203 , § 26; SL 2020, ch 203 , § 28. 50-9-5. Repealed by SL 2019, ch 203 , § 55. 50-9-6 to 50-9-9. Repealed by SL 2014, ch 222 , §§ 63 to 66.

50-9-6 50-9-6 to 50-9-9. Repealed by SL 2014, ch 222 , §§ 63 to 66. 50-9-10 Conflicting jurisdiction between commission and political subdivision--Superiority of commission--Public hearing. 50-9-11

50-10-10 to 50-10-12. Repealed by SL 2019, ch 203 , §§ 57 to 59.

50-10-2 Repealed. 50-10-2.1 Repealed. 50-10-3 50-10-3 , 50-10-4. Repealed by SL 2014, ch 222 , §§ 69, 70. 50-10-5 Local airport layout plan and zoning regulations--Enforcement. 50-10-6 Airport layout--Zones--Permitted land uses--Runway protection zone--Exclusions. 50-10-6.1 Commi…

Transferred to § 11-14-1 by SL 2019, ch 203, § 84.

Transferred to § 11-14-2 by SL 2019, ch 203, § 84.

Transferred to § 11-14-3 by SL 2019, ch 203, § 84.

Transferred to § 11-14-4 by SL 2019, ch 203, § 84.

Transferred to § 11-14-5 by SL 2019, ch 203, § 84.

Transferred to § 11-14-6 by SL 2019, ch 203, § 84.