USA Statutes : nevada
Title : Title 44 - AERONAUTICS
Chapter : CHAPTER 496 - MUNICIPAL AIRPORTS
This chapter may be cited as the
Municipal Airports Act.
[30:215:1947; 1943 NCL § 293.49]
As used in this chapter, unless the
context 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 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. “Municipal” means pertaining to a municipality as defined in
this section.
5. “Municipality” means any county, city or town of this state.
6. “Person” includes a government, a governmental agency and a
political subdivision of a government.
7. “Public utility” means a person who operates any airline,
broadcasting, electric, gas, pipeline, radio, railroad, rural electric,
sanitary sewer, slurry, telephone, telegraph or water business in this
state and who conducts such a business for a public use.
[1:215:1947; 1943 NCL § 293.20]—(NRS A 1977, 276; 1985, 521, 2053)
POWERS OF MUNICIPALITIES; FACILITIES AND PROPERTY
1. Every municipality may, out of any appropriations or other
money made available for such purposes:
(a) Plan, establish, develop, construct, enlarge, improve,
maintain, equip, operate, regulate, protect and police airports and air
navigation facilities, either within or without the territorial limits of
the municipality and within or without the territorial boundaries of this
state.
(b) Contract or otherwise provide, by condemnation if necessary,
for the removal of any airport hazard or 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 the airports,
restricted landing areas and other air navigation facilities, or with the
safe approach thereto or takeoff therefrom by aircraft.
(c) Pay the cost of removal or relocation.
(d) Pay the cost of construction, installation, equipment,
maintenance and operation at such airports of buildings and other
facilities for the servicing of aircraft, for any other use related to
the operation of an aviation or air transportation business, or for the
comfort and accommodation of air travelers, and the purchase and sale of
supplies, goods and commodities as are incident to the operation of its
airport properties, including, without limitation, runways, taxiways,
loading and unloading ramp and apron facilities, terminal and parking
facilities, warehouses and other cargo facilities, hangars, shops,
offices, and other buildings and facilities used in connection with the
operation of airports.
2. For such purposes, the municipality may use any available
property that it owns or controls 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 the 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,
including any property which is located in an area that is significantly
affected by noise created by an airport as determined by a study of the
airport environs conducted in accordance with guidelines for land use
compatibility established by the Federal Aviation Administration.
[2:215:1947; 1943 NCL § 293.21]—(NRS A 1967, 715; 1995, 923)
1. An employee of a municipality who is not licensed as a
professional land surveyor pursuant to chapter 625 of NRS may collect information to be used
exclusively by the municipality for preliminary planning for development
of new airports or air navigation facilities or improvements to existing
airports or air navigation facilities within the municipality.
2. If, based on the information collected pursuant to this
section, the municipality elects to initiate or proceed with such a
project, the municipality shall comply with the provisions of chapter 625
of NRS governing the:
(a) Preparation of the maps, plans, specifications, reports and
estimates required for the project; and
(b) Execution or supervision of all other practices of land
surveying associated with the project.
(Added to NRS by 1995, 846; A 1997, 1068)
The
municipality 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 another municipality or public
agency of this or any other state without the consent of such
municipality or public agency.
[3:215:1947; 1943 NCL § 293.22]
For the purposes of this chapter, a
municipality may:
1. Establish or acquire and maintain, within or bordering upon the
territorial limits of the municipality, airports in, over and upon any
public waters of this state, any submerged lands under such public
waters, and any artificial or reclaimed lands which, before the
artificial making or reclamation thereof, constituted a portion of the
submerged lands under such public waters.
2. Construct and maintain terminal buildings, landing floats,
causeways, roadways and bridges for approaches to or connecting with any
such airport, and landing floats and breakwaters for the protection
thereof.
[4:215:1947; 1943 NCL § 293.23]
The governing body of a municipality may purchase from any willing
seller property for the operation of an airport that is not intended to
be used for a specific purpose related to the operation of the airport at
the time of the purchase, if the governing body, by resolution,
determines that:
1. The property is located in an area which may affect or may be
affected by the future development or use of the airport; and
2. The purchase of the property:
(a) Will enhance the general safety or efficiency, or both, of the
operation of the airport and its access roadways;
(b) Is required for the assemblage or consolidation of parcels of
land within a subdivision that may be necessary for the future
development or use of the airport;
(c) Will cost less than any future acquisition of the property; or
(d) Will promote development in the area surrounding the airport
and its access roadways which is compatible with the current and future
operation of the airport.
(Added to NRS by 1995, 923)
All air navigation
facilities established or operated by municipalities shall be
supplementary to and coordinated in design and operation with those
established and operated by the federal and state governments.
[5:215:1947; 1943 NCL § 293.24]
1. In the acquisition of property by eminent domain proceedings
authorized by this chapter, the municipality shall proceed in the manner
provided by chapter 37 of NRS; but the
municipality exercising such power shall, in addition to the damage for
the taking, injury or destruction of property, also pay the cost of the
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. For the purpose of making surveys and examinations relative to
any eminent domain proceedings, the municipality may enter upon any land,
in accordance with the provisions of NRS 37.050 , doing no unnecessary damage.
[6:215:1947; 1943 NCL § 293.25]—(NRS A 1995, 503)
1. Except as otherwise provided in subsection 2 or as may be
limited by the terms and conditions of any grant, loan or agreement
pursuant to NRS 496.180 , every
municipality may, by sale, lease or otherwise, dispose of any airport,
air navigation facility, or other property, or portion thereof or
interest therein, acquired pursuant to this chapter.
2. The disposal by sale, lease or otherwise must be:
(a) Made by public auction; and
(b) In accordance with the laws of this State, or provisions of the
charter of the municipality, governing the disposition of other property
of the municipality, except that in the case of disposal to another
municipality or agency of the State or Federal Government for
aeronautical purposes incident thereto, the sale, lease or other disposal
may be effected in such manner and upon such terms as the governing body
of the municipality may deem in the best interest of the municipality,
and except as otherwise provided in subsections 3, 4 and 5 of NRS 496.090
.
[7:215:1947; 1943 NCL § 293.26]—(NRS A 1967, 716; 2005, 1469 , 2680 )
1. In operating an airport or air navigation facility or any other
facilities appertaining to the airport owned, leased or controlled by a
municipality, the municipality may, except as limited by the terms and
conditions of any grant, loan or agreement pursuant to NRS 496.180 , enter into:
(a) Contracts, leases and other arrangements with any persons:
(1) Granting the privilege of using or improving the airport
or air navigation facility, or any portion or facility thereof, or space
therein, for commercial purposes. The municipality may, if it determines
that an improvement benefits the municipality, reimburse the person
granted the privilege for all or any portion of the cost of making the
improvement.
(2) Conferring the privilege of supplying goods,
commodities, things, services or facilities at the airport or air
navigation facility or other facilities.
(3) Making available services to be furnished by the
municipality or its agents or by other persons at the airport or air
navigation facility or other facilities.
(4) Providing for the maintenance of the airport or air
navigation facility, or any portion or facility thereof, or space therein.
(5) Allowing residential occupancy of property acquired by
the municipality.
(b) Contracts for the sale of revenue bonds or other securities
whose issuance is authorized by the Local Government Securities Law or
NRS 496.150 or 496.155 , for delivery within 10 years after the date
of the contract.
2. In each case the municipality may establish the terms and
conditions and fix the charges, rentals or fees for the privileges or
services, which must be reasonable and uniform for the same class of
privilege or service and must be established with due regard to the
property and improvements used and the expenses of operation to the
municipality.
3. Except as otherwise provided in this subsection, and as an
alternative to the procedure provided in subsection 2 of NRS 496.080
, to the extent of its applicability,
the governing body of any municipality may authorize it to enter into any
such contracts, leases and other arrangements with any persons, as
provided in this section, for a period not exceeding 50 years, upon such
terms and conditions as the governing body deems proper. The provisions
of this subsection must not be used to circumvent the requirement set
forth in subsection 2 of NRS 496.080
that the disposal of real property be made by public auction.
4. Before entering into any such contract, lease or other
arrangements, the municipality shall publish notice of its intention in
general terms in a newspaper of general circulation within the
municipality at least once a week for 21 days or three times during a
period of 10 days. If there is not a newspaper of general circulation
within the municipality, the municipality shall post a notice of its
intention in a public place at least once a week for 30 days. The notice
must specify that a regular meeting of the governing body is to be held,
at which meeting any interested person may appear. No such contract,
lease or other arrangement may be entered into by the municipality until
after the notice has been given and a meeting held as provided in this
subsection.
5. Any member of a municipality’s governing body may vote on any
such contract, lease or other arrangement notwithstanding the fact that
the term of the contract, lease or other arrangement may extend beyond
his term of office.
[8:215:1947; 1943 NCL § 293.27]—(NRS A 1967, 716; 1987, 767; 1989,
721, 776, 1969; 1995, 846; 2005, 1469 , 2680 )
Except as may
be limited by the terms and conditions of any grant, loan or agreement
pursuant to NRS 496.180 , a municipality
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 municipality or otherwise, any airport owned or controlled by the
municipality, including without limitation air navigation facilities and
any other facilities appertaining to the airport; 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
municipality might not have undertaken under NRS 496.090 .
[9:215:1947; 1943 NCL § 293.28]—(NRS A 1967, 717)
To enforce the payment of any charges for repairs or
improvements to, or storage or care of, any personal property made or
furnished by the municipality or its agents in connection with the
operation of an airport or air navigation facility owned or operated by
the municipality, the municipality shall have liens on such property,
which shall be enforceable by the municipality as provided by law.
[10:215:1947; 1943 NCL § 293.29]
MUNICIPAL AUTHORITY; ORDINANCES AND REGULATIONS
Any authority
vested by this chapter in a municipality or in the governing body thereof
for the planning, establishment, development, construction, enlargement,
improvement, maintenance, equipment, operation, regulation, protection
and policing of airports or other air navigation facilities established,
owned or controlled, or to be established, owned or controlled, by the
municipality may be vested by resolution of the governing body of the
municipality in an officer or board or other municipal agency whose
powers and duties shall be prescribed in the resolution; but the expense
of such planning, establishment, development, construction, enlargement,
improvement, maintenance, equipment, operation, regulation, protection
and policing shall be a responsibility of the municipality.
[11:215:1947; 1943 NCL § 293.30]
1. A municipality that establishes or acquires an airport or air
navigation facility may adopt, amend and repeal such reasonable
ordinances, resolutions, rules, regulations or orders as it deems
necessary for the management, government and use of the airport or air
navigation facility under its control, whether situated within or outside
of the territorial limits of the municipality.
2. For the enforcement thereof, the municipality may, by ordinance
or resolution, as appropriate, appoint airport guards or police with full
police powers which must be performed in compliance with the provisions
of NRS 171.1223 , and fix penalties,
within the limits prescribed by law, for the violation of the ordinances,
resolutions, rules, regulations and orders. Penalties must be enforced in
the same manner in which penalties prescribed by other ordinances or
resolutions of the municipality are enforced.
3. A rule, regulation or ordinance must not be adopted, amended or
repealed under this chapter, except by action of the governing body of
the municipality after a public hearing in relation thereto at which
public utilities owning facilities in the areas involved, and other
interested persons, have an opportunity to be heard. At least 15 days’
notice of the hearing must:
(a) Be given to all public utilities owning facilities in the area
involved; and
(b) Be published in an official paper or a paper of general
circulation in the municipality or municipalities in which the airport is
located.
Ê This subsection does not apply to ordinances adopted pursuant to NRS
350.579 .
4. All ordinances, resolutions, rules, regulations or orders which
are issued by the municipality must be kept in substantial conformity
with the laws of this State, or any regulations adopted or standards
established pursuant thereto, and, as nearly as possible, with the
federal laws governing aeronautics and the rules, regulations or
standards duly issued thereunder.
5. To the extent that an airport or other air navigation facility
controlled and operated by a municipality is located outside the
territorial limits of the municipality, it is subject to federal and
state laws, rules or regulations, and under the jurisdiction and control
of the municipality controlling or operating it. No other municipality
has any authority to charge or exact a license fee or occupation tax for
operations thereon.
[12:215:1947; 1943 NCL § 293.31]—(NRS A 1977, 277; 1987, 500; 2001,
1870 )
CONTRACTS, DEBT, FINANCES AND INVESTMENTS
The governing body of any municipality having power
to appropriate and raise money is authorized to appropriate, and to raise
by taxation or otherwise, sufficient moneys to carry out the provisions
and purposes of this chapter.
[13:215:1947; 1943 NCL § 293.32]
To defray the cost of planning
and acquiring, establishing, developing, constructing, enlarging,
improving or equipping an airport or air navigation facility, or the site
therefor, including buildings and other facilities incidental to the
operation thereof, and the acquisition or elimination of airport hazards,
or any combination thereof, the governing body may, at any time or from
time to time, in the name and on the behalf of the municipality, issue:
1. General obligation bonds, payable from taxes;
2. General obligation bonds, payable from taxes, which payment is
additionally secured by a pledge of net revenues or gross revenues
derived from the operation of all or any part of the airport or any
facilities appertaining thereto; and
3. Revenue bonds constituting special obligations and payable from
such net revenues or gross revenues.
[14:215:1947; 1943 NCL § 293.33]—(NRS A 1965, 1256; 1967, 717;
1981, 964)
1. Subject to the provisions of NRS 496.150 and subsections 2 and 3 of this section, for
any undertaking authorized in NRS 496.150 , the governing body of a municipality, as it
determines from time to time, may, on the behalf and in the name of the
municipality, borrow money, otherwise become obligated, and evidence the
obligations by the issuance of bonds and other municipal securities, and
in connection with the undertaking or the municipal airport, including,
without limitation, air navigation facilities and other facilities
appertaining to the airport, the governing body may otherwise proceed as
provided in the Local Government Securities Law or as provided in
subsections 4 and 5.
2. General obligation bonds, whether or not their payment is
additionally secured by a pledge of net revenues, must be sold as
provided in the Local Government Securities Law.
3. Revenue bonds may be sold at a public sale as provided in the
Local Government Securities Law or at a private sale.
4. The governing body may by resolution acquire real property for
the expansion of airport or air navigation facilities by entering into
contracts of purchase, of a type and duration and on such terms as the
governing body determines, including, without limitation, contracts
secured by a mortgage or other security interest in the real property.
The governing body may not use any revenue derived from taxes ad valorem
to pay for the acquisition, and the obligation under the contract does
not constitute a general obligation of the municipality or apply against
any debt limitation pertaining to the municipality.
5. The governing body may by resolution enter into a medium-term
obligation or installment-purchase agreement for any undertaking
authorized in NRS 496.150 and issue
negotiable instruments without regard to the requirements specified in:
(a) Paragraphs (a) and (b) of subsection 2 of NRS 350.091 ; and
(b) Subsections 1 and 2 of NRS 350.089 , unless the financing is to be repaid from the
proceeds of a special tax exempt from limitations on taxes ad valorem.
(Added to NRS by 1965, 1256; A 1967, 718; 1979, 1123; 1981, 1929;
1987, 501; 1995, 1827; 2001, 2336 )
1. Any acquisition of property heretofore made, within or without
the limits of any municipality or the State, for the purposes authorized
by this chapter, and any other action heretofore taken by a municipality
in furtherance of such purposes, including but not limited to the making
of appropriations, the expenditure of money, the incurring of debts, the
acceptance and disbursement of federal, state or other grants or loans,
the issuance and payment of bonds and notes, the execution of leases and
contracts, which acquisition or action would have been authorized had
this chapter been in effect at the time of such an acquisition or action,
is hereby ratified and made valid.
2. All bonds and notes heretofore issued in furtherance of
purposes authorized by this chapter and actions ratified by this section
are confirmed as legal obligations of the municipality, and, without
prejudice to the general powers granted to the municipality by this
chapter, such municipality is hereby authorized to issue further bonds
and notes for such purposes up to the limit fixed in the original
authorization therefor, which bonds and notes shall be legal obligations
in accordance with their terms.
[15:215:1947; 1943 NCL § 293.34]
The revenues obtained by a municipality
from the ownership, control or operation of any airport or air navigation
facility, including proceeds from the sale of any airport or portion
thereof or air navigation facility property, shall be deposited in a
special fund to be designated the “.............................. airport
fund,” which revenues shall be appropriated solely to, and used by the
municipality for, the purposes authorized by this chapter.
[16:215:1947; 1943 NCL § 293.35]
1. Every municipality 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.
2. All federal moneys accepted under this section shall be
accepted and expended by the municipality upon such terms and conditions
as are prescribed by the United States and as are consistent with state
law. All state moneys accepted under this section shall be accepted and
expended by the municipality upon such terms and conditions as are
prescribed by the State.
3. Unless otherwise prescribed by the agency from which such
moneys were received, the chief financial officer of the municipality
shall, on its behalf, deposit all moneys received pursuant to this
section, and shall keep them in separate funds designated according to
the purposes for which the moneys were made available, in trust for such
purposes.
[17:215:1947; 1943 NCL § 293.36]
A municipality may enter into any contracts necessary to the execution
of the powers granted it, and for the purposes provided by this chapter.
[19:215:1947; 1943 NCL § 293.38]
JOINT EXERCISE OF AUTHORITY
1. For the purposes of this section, unless otherwise qualified:
(a) “Public agency” includes municipality, as defined in this
chapter, any agency of the State Government and of the United States, and
any municipality, political subdivision, and agency of another state.
(b) “Governing body” means the governing body of a county or
municipality, and the head of the agency if the public agency is other
than a county or municipality.
2. All powers, privileges and authority granted to any
municipality by this chapter may be exercised and enjoyed jointly with
any public agency of this state, and jointly with any public agency of
any other state or of the United States to the extent that the laws of
such other state or of the United States permit such joint exercise or
enjoyment. If not otherwise authorized by law, any agency of the State
Government when acting jointly with any municipality may exercise and
enjoy all of the powers, privileges and authority conferred by this
chapter upon a municipality.
[20:215:1947; 1943 NCL § 293.39]
1. Any two or more public agencies may enter into agreements with
each other for joint action pursuant to the provisions of this section.
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,
regulation and protection thereof to be borne by each.
(e) Such other terms as are required by the provisions of this
section.
3. The agreement may also provide for:
(a) Amendments thereof.
(b) Conditions and methods of termination of the agreement.
(c) The disposal of all or any of the property, facilities and
privileges jointly owned, prior to or upon the property, facilities and
privileges, or any part thereof, ceasing to be used for the purposes
provided in this chapter, or upon termination of the agreement.
(d) The distribution of the proceeds received upon any such
disposal, and of any funds or other property jointly owned and undisposed
of.
(e) The assumption or payment of any indebtedness arising from the
joint venture which remains unpaid upon the disposal of all assets or
upon a termination of the agreement.
(f) Such other provisions as may be necessary or convenient.
[21:215:1947; 1943 NCL § 293.40]
1. Public agencies acting jointly pursuant to this chapter 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 provided for in
the joint agreement.
2. Each joint board shall organize, select officers for terms to
be fixed by the agreement, and adopt and amend from time to time rules
for its own procedure.
3. The joint board shall have power:
(a) To plan, acquire, establish, develop, construct, enlarge,
improve, maintain, equip, operate, regulate, protect and police any
airport or air navigation facility or any other facilities appertaining
to the airport or airport hazard to be jointly acquired, controlled and
operated.
(b) To contract or otherwise provide, by condemnation if necessary,
for the removal of any airport hazard or the removal or the relocation of
all private structures, railways, mains, pipes, conduits, wires, cables,
poles and other facilities and equipment which may interfere with the
location, expansion, development or improvement of such airports,
restricted landing areas, other air navigation facilities, and any other
facilities appertaining to the airport, or with the safe approach thereto
or takeoff therefrom by aircraft.
(c) To pay the cost of removal or relocation.
4. The board may exercise on behalf of its constituent public
agencies all the powers of each with respect to such airport, air
navigation facility, or other facilities, or airport hazard, subject to
the limitations of this section.
5. The total expenditures to be made by the joint board for any
purpose in any calendar year shall be determined by a budget approved by
the governing bodies of its constituent public agencies on or before the
preceding December 1.
6. No airport, air navigation facility, other facilities, airport
hazard, or real or personal property, the cost of which is in excess of
sums therefor fixed by the joint agreement or allotted in the annual
budget, may be acquired by the joint board; but the agencies exercising
such power shall, in addition to the damage for the 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
without the approval of the governing bodies of its constituent public
agencies.
7. Eminent domain proceedings under this section may be instituted
only by authority of the governing bodies of the constituent public
agencies of the joint board. If so authorized, proceedings shall be
instituted in the names of the constituent public agencies jointly, and
the property so acquired shall be held by the public agencies as tenants
in common until conveyed by them to the joint board.
8. The joint board shall not dispose of any airport, air
navigation facility, other facilities, or real property under its
jurisdiction except with the consent of the governing bodies of its
constituent public agencies; but the joint board may, without such
consent, enter into the contract, lease or other arrangements
contemplated by NRS 496.090 .
9. Any resolutions, rules, regulations or orders of the joint
board dealing with subjects authorized by NRS 496.130 shall become effective only upon approval of
the governing bodies of the constituent public agencies; but upon such
approval, the resolutions, rules, regulations or orders of the joint
board shall have the same force and effect in the territories or
jurisdictions involved as the ordinances, resolutions, rules, regulations
or orders of each public agency would have in its own territory or
jurisdiction.
[22:215:1947; 1943 NCL § 293.41]—(NRS A 1967, 719)
1. For the purpose of providing a joint board with moneys for the
necessary expenditures in carrying out the provisions of this chapter, a
joint fund shall be created and maintained, into which shall be deposited
the share of each of the constituent public agencies as provided by the
joint agreement. Each of the constituent public agencies shall provide
its share of the fund from sources available to each.
2. Any federal, state or other contributions or loans, and the
revenues obtained from the joint ownership, control and operation of any
airport or air navigation facility under the jurisdiction of the joint
board shall be paid into the joint fund.
3. Disbursements from the fund shall be made by order of the
board, subject to the limitations prescribed in NRS 496.230 .
[23:215:1947; 1943 NCL § 293.42]
MISCELLANEOUS PROVISIONS
1. The acquisition of any land or interest therein pursuant to
this chapter, the planning, acquisition, establishment, development,
construction, improvement, maintenance, equipment, operation, regulation,
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 municipalities 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; and, in the case of any county,
are declared to be county functions and purposes as well as public and
governmental; and, in the case of any municipality other than a county,
are declared to be municipal functions and purposes as well as public and
governmental.
2. All land and other property and privileges acquired and used by
or on behalf of any municipality 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, and, in the case of a county or municipality,
for county or municipal purposes, respectively.
3. No action or suit shall be brought or maintained against any
county, municipality, or its officers, agents, servants or employees for
damages arising from tort occurring in or about the construction,
maintenance, operation, superintendence, or management of any county or
municipal airport, at such times as such airport may be leased to,
operated by, or otherwise under the control or management of any
individual or private corporation operating or managing the same for
private gain; but nothing in this subsection shall relieve any county or
municipality of liability for such damages if the airport is operated or
managed by the county or municipality or their employees.
[24:215:1947; A 1951, 473]
1. Any property in this state acquired by a municipality for
airport purposes pursuant to the provisions of this chapter, and any
income derived by such municipality from the ownership, operation or
control thereof, shall be exempt from taxation to the same extent as
other property used for public purposes.
2. Any municipality is authorized to exempt from municipal
taxation any property acquired within its boundaries by a public agency
of another state for airport purposes, and any income derived from such
property, to the extent that such other state authorizes similar
exemptions from taxation to municipalities of this state.
[25:215:1947; 1943 NCL § 293.44]
In addition to the general and
special powers conferred by this chapter, every municipality is
authorized to exercise such powers as are necessarily incidental to the
exercise of such general and special powers.
[26:215:1947; 1943 NCL § 293.45]
Nothing contained in this chapter shall be
construed to limit any right, power or authority of a municipality to
regulate airport hazards by zoning.
[27:215:1947; 1943 NCL § 293.46]
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 municipal airports.
[28:215:1947; 1943 NCL § 293.47]
