USA Statutes : nevada
Title : Title 44 - AERONAUTICS
Chapter : CHAPTER 494 - STATE AIRPORTS
This chapter may be cited as the State
Airports Act.
[17:246:1949; 1943 NCL § 293.17]
As used in this chapter, unless the text
otherwise requires:
1. “Air navigation facility” means any facility, other than one
owned and operated by the United States, used in, available for use in,
or designed for use in, aid of air navigation, including any structures,
mechanisms, lights, beacons, markers, communicating systems, or other
instrumentalities, or devices used or useful as an aid, or constituting
an advantage or convenience to the safe taking off, navigation and
landing of aircraft, or the safe and efficient operation or maintenance
of an airport, and any combination of any or all of such facilities.
2. “Airport” means any area of land or water which is used, or
intended for use, for the landing and takeoff of aircraft, and any
appurtenant areas which are used for airport buildings or other airport
facilities or rights-of-way, together with all airport buildings and
facilities located thereon.
3. “Airport hazard” means any structure, object of natural growth,
or use of land which obstructs the airspace required for the flight of
aircraft in landing or taking off at an airport or is otherwise hazardous
to such landing or taking off of aircraft.
4. “Person” includes a government, a governmental agency and a
political subdivision of a government.
[1:246:1949; 1943 NCL § 293.1]—(NRS A 1985, 520)
1. The State is authorized, out of moneys made available for the
purposes of this chapter:
(a) To plan, establish, develop, construct, enlarge, improve,
maintain and operate airports and air navigation facilities either within
or without the territorial boundaries of this State.
(b) To contract or otherwise provide, by condemnation if necessary,
for the removal or the relocation of all private structures, railways,
mains, pipes, conduits, wires, cables, poles and all other facilities and
equipment which may interfere with the location, expansion, development
or improvement of such airports, restricted landing areas, and other air
navigation facilities, or with the safe approach thereto or takeoff
therefrom by aircraft.
(c) To pay the cost of removal or relocation.
(d) To pay the cost of construction, installation, equipment,
maintenance and operation at such airports of buildings and other
facilities for the servicing of aircraft or for the comfort and
accommodation of air travelers and the purchase and sale of supplies,
goods and commodities as an incident to the operation of its airport
properties.
2. For such purposes the State may use any available property that
it may now or hereafter own or control and may, by purchase, gift,
devise, lease, eminent domain proceedings or otherwise, acquire property,
real or personal, or any interest therein, including easements in airport
hazards or land outside the boundaries of an airport or airport site, as
are necessary to permit safe and efficient operation of the airport or to
permit the removal, elimination, obstruction, marking and lighting of
airport hazards, or to prevent the establishment of airport hazards.
[2:246:1949; 1943 NCL § 293.2]
1. The Fund for Aviation is hereby created as a Trust Fund in the
State Treasury. The Director:
(a) Shall administer the Fund; and
(b) May apply for and accept any gift, bequest, grant,
appropriation or donation from any source for deposit in the Fund.
2. Any money received by the Director pursuant to the provisions
of subsection 1 must be deposited in the Fund. The money in the Fund may
be invested as the money in other state funds is invested. After
deducting any applicable charges, all interest and income earned on the
money in the Fund must be credited to the Fund. The money in the Fund may
be expended only in accordance with the terms and conditions of any gift,
bequest, grant, appropriation or donation to the Fund or in the manner
provided in subsection 3. Not more than 1 percent of the money in the
Fund may be used to pay the costs of administering the Fund.
3. Except as otherwise provided in this section, the Director may:
(a) Expend money in the Fund to award grants to a county, city or
other local government in this State for obtaining matching money for
federal programs and any other programs relating to airports or for the
planning, establishment, development, construction, enlargement,
improvement or maintenance of any airport, landing area or air navigation
facility owned or controlled by the county, city or other local
government; and
(b) Adopt regulations to carry out the provisions of paragraph (a).
4. The Director shall:
(a) In adopting regulations pursuant to subsection 3, determine the
order of priority for the expenditures from the Fund by considering,
without limitation, the following factors:
(1) The purpose of the project;
(2) The costs and benefits of the project; and
(3) The effect of the project on the environment, safety,
security, infrastructure and capacity of the airport; and
(b) Before awarding a grant or adopting a regulation pursuant to
subsection 3, consult with the Nevada Aviation Technical Advisory
Committee and any person who represents an airport in this State used by
the general public.
5. Any money received by a county, city or other local government
pursuant to the provisions of this section must be accounted for
separately by the county, city or other local government and may be used
only for the purpose for which the money was received by the county, city
or other local government.
6. The provisions of this section do not apply to an airport,
landing area or air navigation facility that is owned or controlled by
the Reno-Tahoe Airport Authority or a county whose population is 400,000
or more.
7. As used in this section, “Director” means the Director of the
Department of Transportation.
(Added to NRS by 2001, 1238 )
The
State may, by purchase, gift, devise, lease, eminent domain proceedings
or otherwise, acquire existing airports and air navigation facilities;
but it shall not acquire or take over any airport or air navigation
facility owned or controlled by a county, municipality or public agency
of this or any other state without the consent of such municipality,
county or public agency.
[4:246:1949; 1943 NCL § 293.4]
All air navigation facilities
established or operated by the State shall be supplementary to and
coordinated in design and operation with those established and operated
by the Federal Government.
[5:246:1949; 1943 NCL § 293.5]
1. In the acquisition of property by eminent domain proceedings
authorized by this chapter, the State shall proceed in the manner
provided by chapter 37 of NRS, provided that
the State in exercising such power shall, in addition to the damage for
taking, injury or destruction of property, also pay the cost of removal
or relocation of any structure, railways, mains, pipes, conduits, wires,
cables, poles or any public utility which is required to be moved to a
new location.
2. The power of the State to acquire by condemnation any railway,
highway, main, pipe, conduit, wires, cables, poles and all other
facilities and equipment or other property held for or devoted to a
public use or to require by condemnation the relocation of any such
property held for or devoted to a public use shall be exercised only
after the court in which such condemnation proceedings are pending finds
that the taking or relocation thereof for the public use of the State is
of greater public necessity than the public use for which presently held
or used.
3. The court in any such proceeding shall have full power and
jurisdiction to fix the terms and conditions for the enjoyment of a right
of common use in lieu of such taking or relocation as the court will
determine will best suit the public interest and necessity.
[6:246:1949; 1943 NCL § 293.6]
1. The State is authorized:
(a) 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.
(b) To enter into contracts and agreements with the United States
and other public agencies in connection with carrying out the purposes of
this chapter.
2. All federal moneys accepted under this section shall be
accepted and expended by the State upon such terms and conditions as are
prescribed by the United States and as are consistent with state law.
[7:246:1949; 1943 NCL § 293.7]
1. In the operation or maintenance of an airport or air navigation
facility owned, leased or controlled by the State, the State may, except
as may be limited by the terms and conditions of any grant, loan or
agreement pursuant to NRS 494.080 ,
enter into contracts, leases and other arrangements with any persons:
(a) Granting the privilege of using or improving such airport or
air navigation facility or any portion or facility thereof or space
therein for commercial purposes.
(b) Conferring the privilege of supplying goods, commodities,
things, services or facilities at such airport or air navigation facility.
(c) Making available services to be furnished by the State or its
agents at such airport or air navigation facility.
2. In each case, the State may establish the terms and conditions
and fix the charges, rentals or fees for the privileges or services which
shall be reasonable and uniform for the same class of privilege or
service, and shall be established with due regard to the property and
improvements used and the expenses of operation to the State.
[8:246:1949; 1943 NCL § 293.8]
Except as may be limited by the terms and conditions of any
grant, loan or agreement pursuant to NRS 494.080 , the State may by contract, lease or other
arrangement, upon a consideration fixed by it, grant to any qualified
person the privilege of operating, as agent of the State or otherwise,
any airport owned or controlled by the State; but no such person shall be
granted any authority to operate such an airport other than as a public
airport or to enter into any contracts, leases or other arrangements in
connection with the operation of the airport which the State might not
have undertaken under NRS 494.090 .
[9:246:1949; 1943 NCL § 293.9]
The State
may enter into any contracts necessary to the execution of the powers
granted it for the purposes provided by this chapter.
[10:246:1949; 1943 NCL § 293.10]
1. The State may enter into agreements with any other public
agencies for joint action pursuant to carrying out the purposes of this
chapter. Concurrent action by ordinance, resolution or otherwise of the
governing bodies of the participating public agencies shall constitute
joint action.
2. Each agreement shall specify:
(a) Its duration.
(b) The proportionate interest which such public agency shall have
in the property, facilities and privileges involved.
(c) The proportion to be borne by each public agency of preliminary
costs and costs of acquisition, establishment, construction, enlargement,
improvement and equipment of the airport or air navigation facility.
(d) The proportion of the expenses of maintenance, operation and
protection thereof to be borne by each.
(e) Such other items as are required by the provisions of this
chapter.
[11:246:1949; 1943 NCL § 293.11]
1. The acquisition of any land or interest therein pursuant to
this chapter, the planning, acquisition, establishment, development,
construction, improvement, maintenance, equipment, operation, protection
and policing of airports and air navigation facilities, including the
acquisition or elimination of airport hazards, and the exercise of any
other powers herein granted to the State and other public agencies, to be
exercised severally or jointly, are hereby declared to be public and
governmental functions, exercised for a public purpose, and matters of
public necessity.
2. All land and other property and privileges acquired and used by
or on behalf of the State or other public agency in the manner and for
the purposes enumerated in this chapter shall and are hereby declared to
be acquired and used for public and governmental purposes and as a matter
of public necessity.
[12:246:1949; 1943 NCL § 293.12]
In addition to the general and
special powers conferred by this chapter, the State is authorized to
exercise such powers as are necessarily incidental to the exercise of
such general and special powers.
[13:246:1949; 1943 NCL § 293.13]
Nothing contained in this chapter shall be
construed to limit any right, power or authority of the State to regulate
airport hazards by zoning.
[14:246:1949; 1943 NCL § 293.14]
This chapter shall be so interpreted and construed as to make
uniform so far as possible the laws and regulations of this state and
other states and of the government of the United States having to do with
the subject of airports.
[15:246:1949; 1943 NCL § 293.15]
