Title 50, AVIATION

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…

This chapter may be cited as the "Airport Authorities Act." Source: SL 1976, ch 303 , § 36.

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…

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…

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 …