50-6A-2. Creation of regional airport authority by resolution.

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, ch 303, § 2; SL 2014, ch 222, § 38.

50-6A-3. Public hearing required for adoption of resolutions--Notice.

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 a newspaper having general circulation in the subdivision.

Source: SL 1976, ch 303, § 5.

50-6A-4. Appointment of regional airport authority commissioners--Term of office--Certificates of appointment filed.

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 their representation shall be provided for in the joint resolution. The terms of commissioners of a regional airport authority who are first appointed shall be: at least one appointed for a term of one year; at least one appointed for a term of two years; at least one appointed for a term of three years; at least one appointed for a term of four years; and at least one appointed for a term of five years. Except for the commissioners first appointed, all commissioners of a regional airport authority shall be appointed for terms of five years. However, if a vacancy occurs otherwise than by expiration of term, the vacancy shall be filled for the unexpired term in the same manner as the original appointments. Each commissioner shall hold office until a successor has been appointed and has qualified but for no more than two full consecutive terms. The certificates of the appointment and reappointment of commissioners shall be filed with the authority and the secretary of state. Commissioners shall be subject to recall pursuant to §§ 9-13-29 to 9-13-35, inclusive.

Source: SL 1976, ch 303, §§ 2, 6, 9; SL 1986, ch 398, § 1; SL 1995, ch 265, § 1.

50-6A-5. Resolutions filed with secretary of state by initial commissioners--Issuance of certificate of incorporation.

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 the regional authority, and upon receipt of the copy the secretary of state shall issue a certificate of incorporation to the regional airport authority.

Source: SL 1976, ch 303, § 7; SL 2014, ch 222, § 39.

50-6A-6. Certificate of incorporation as proof of airport authority's establishment--Admissibility in evidence.

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 hereunder upon proof of the issuance by the secretary of state of a certificate of incorporation of such airport authority. A copy of such certificate of incorporation, duly certified by the secretary of state, shall be admissible in evidence in any suit, action, or proceeding.

Source: SL 1976, ch 303, § 8.

50-6A-7. Powers vested in commissioners--Adoption of procedural rules--Quorum--Majority vote required for action.

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 commissioners of an authority shall constitute a quorum for the purpose of conducting business of the authority and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of the commissioners present.

Source: SL 1976, ch 303, §§ 2, 9.

50-6A-8. Organization and election of officers--Chairman and vice-chairman.

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.

50-6A-9. Employment of personnel--Legal services--Delegation of powers and duties.

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 it may require, an authority may call upon the chief law officer of the subdivisions included in the authority or may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.

Source: SL 1976, ch 303, § 9.

50-6A-10. Expenses of commissioners--No compensation.

A commissioner of an authority shall receive no compensation for his services, but shall be entitled to the necessary expense, including traveling expenses, incurred in the discharge of his duties.

Source: SL 1976, ch 303, § 9.

50-6A-11. Addition of subdivisions to airport authority--Resolution of consent.

A regional airport authority may be increased from time to time to serve one or more additional subdivisions if such additional subdivision and each of the subdivisions then included in the regional authority and the commissioners of the regional authority, respectively, adopt a resolution consenting thereto.

Source: SL 1976, ch 303, § 3.

50-6A-12. Exclusion of subdivisions from authority--Assets and liabilities--Bondholders' consent.

A regional airport authority may be decreased if each of the subdivisions then included in the regional authority and the commissioners of the regional authority consent to the decrease and make provisions for the retention or disposition of its assets and liabilities; provided that, if the regional authority has any bonds outstanding no decrease shall be effected unless one hundred per cent of the holders of the bonds consent thereto in writing.

Source: SL 1976, ch 303, § 4.

50-6A-13. Increase or decrease resolution forwarded to secretary of state--Amended certificate issued.

When a regional airport authority is increased or decreased pursuant to § 50-6A-11 or 50-6A-12, it shall forward to the secretary of state a certified copy of each resolution adopted pursuant thereto and upon receipt thereof, the secretary of state shall issue an amended certificate of incorporation in accordance therewith.

Source: SL 1976, ch 303, § 7.

50-6A-14. Subdivision aid to regional authority.

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 consideration, as it may determine:

(1)    Lend or donate money to the authority;

(2)    Provide that all or a portion of the taxes or funds available or to become available to, or required by law to be used by, the subdivision for airport purposes, be transferred or paid directly to the airport authority as such funds become available to the subdivision;

(3)    Cause water, sewer, or drainage facilities, or any other facilities which it is empowered to provide, to be furnished adjacent to or in connection with such airports or aviation facilities;

(4)    Dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to the authority;

(5)    Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads, roadways, and walks from established streets or roads to such airports or aviation facilities;

(6)    Do any and all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, construction, or operation of airports and aviation facilities; and

(7)    Enter into agreements with the authority respecting action to be taken by the subdivision pursuant to the provisions of this section.

Source: SL 1976, ch 303, § 32; SL 2018, ch 269, § 13.

50-6A-15. Corporate powers of regional authority.

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.

In addition to the general and special powers conferred by this chapter, every authority is authorized to exercise such powers as are necessary incidental to the exercise of such general and special powers.

Source: SL 1976, ch 303, §§ 10 (1), (2), 34.

50-6A-16. Operation of airports and aviation facilities.

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, installation, equipment, maintenance, and operation at such airports or buildings and other facilities for the servicing of aircraft or for 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. For such purposes an authority 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 removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards or to prevent the establishment of airport hazards.

Source: SL 1976, ch 303, § 10 (3); SL 2018, ch 269, § 14.

50-6A-17. Acquisition of airports and aviation facilities.

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 subdivision, or public agency of this or any other state without the consent of the authority, subdivision, or public agency.

Source: SL 1976, ch 303, § 10 (5); SL 2018, ch 269, § 15.

50-6A-18. Power to use public waters.

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, and bridges for approaches to or connecting with any such airport, and landing floats and breakwaters for the protection thereof.

Source: SL 1976, ch 303, § 10 (6).

50-6A-19. Eminent domain procedure--Property previously acquired by eminent domain--Entry for surveys.

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 exercising the right of eminent domain. The fact that the property to be acquired by eminent domain proceedings was acquired by its owner by eminent domain proceedings shall not prevent its acquisition by such proceedings by the authority. For the purpose of making surveys and examinations relative to eminent domain proceedings, it shall be lawful for the authority to enter upon the land, doing no unnecessary damage.

Source: SL 1976, ch 303, § 11.

50-6A-20. Taking possession on commencement of eminent domain proceedings--Abandonment of proceedings--Liability for damage.

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 precluded from abandoning such proceedings at any time prior to final order and decree of the court having jurisdiction of such proceedings; provided that the authority shall be liable to the owner of the property for any damage done to the property during possession thereof by the authority.

Source: SL 1976, ch 303, § 11.

50-6A-21. Zoning powers of authority.

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 adoption and enforcement of comprehensive airport zoning regulations as provided for by the laws of this state.

Source: SL 1976, ch 303, § 10 (4).

50-6A-22. Subdivision's zoning power not limited.

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.

50-6A-23. Certification of tax levy amounts--Levy by subdivisions--Collection--Payment to authority.

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 subdivision may, if deemed necessary by the subdivision, levy the amount requested pursuant to provisions of law authorizing municipalities and other political subdivisions of this state to levy taxes for airport purposes. The levy made may not exceed the maximum levy permitted by the laws of this state for airport purposes. Each subdivision shall collect the taxes levied for an airport authority in the same manner as other taxes are levied and collected and make payment to the airport authority.

Source: SL 1976, ch 303, §§ 10, 23; SL 1995, ch 265, § 2.

50-6A-24. Maximum airport levy--County levy inapplicable to municipality levying.

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, but such county levy may not apply to any municipality levying hereunder.

Source: SL 1976, ch 303, § 24; SL 1989, ch 87, § 15G.

50-6A-25. Tax proceeds deposited in special accounts--Expenditure by authority.

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.

Source: SL 1976, ch 303, § 23.

50-6A-26. Covenant in bond resolution to levy taxes until bonds paid.

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 as herein provided, until the bonds and interest thereon are fully paid.

Source: SL 1976, ch 303, § 23.

50-6A-27. Acceptance and expenditure of grants, donations and loans--Terms and conditions.

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 accepted under this section shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the United States and as are consistent with state law; and all state moneys accepted under this section shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the state.

Source: SL 1976, ch 303, § 21.

50-6A-28. Department as agent of authority--Agreement as to terms and conditions--Separate fund in state treasury.

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 chapter. The authority shall designate the department as the authority's agent in contracting for and supervising the planning, acquisition, development, construction, improvement, maintenance, equipment, or operation of any airport or other aviation facility.

An authority shall enter into an agreement with the department prescribing the terms and conditions of the agency in accordance with any terms and conditions as are prescribed by the United States, if federal money is involved, and in accordance with the applicable laws of this state. All federal moneys accepted under this section by the department shall be accepted and transferred or expended by the department upon any terms and conditions as are prescribed by the United States.

All moneys received by the department pursuant to this section shall be deposited in the state treasury, and unless otherwise prescribed by the agency from which the moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, and shall be held by the state in trust for such purposes.

Source: SL 1976, ch 303, § 22; SL 2010, ch 227, § 40; SL 2014, ch 222, § 40; SL 2018, ch 269, § 16.

50-6A-29. Bonds issued by authority--Terms--Minimum sale price--Interest rate.

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 the federal government or other sources, which bonds may be sold at not less than ninety-eight percent of par plus the interest accrued on the bonds to the date of the delivery thereof. There shall be no interest rate ceiling on those issues sold at public sale.

Source: SL 1976, ch 303, § 13.

50-6A-30. Bonds payable solely from airport revenues--Special obligation if within debt limitation.

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 meaning of any constitutional or statutory debt limitation or restriction, each bond of the issue shall be an equally valid and binding special obligation of the authority in accordance with its terms, in an amount proportionate to the total amount of the issue which is within such limitation or restriction.

Source: SL 1976, ch 303, § 14; SL 2018, ch 269, § 17.

50-6A-31. Covenants and indentures for bond security--Priority over operating costs.

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 for the bonds may be made payable from any and all revenues referred to in this chapter, prior to the payment of current costs of operation and maintenance of the facilities.

Source: SL 1976, ch 303, § 17.

50-6A-32. Recitation in bond as conclusive on issuance and purpose.

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 or enforceability of the bond or the security therefor, to have been issued pursuant to such provisions and for such purpose or purposes.

Source: SL 1976, ch 303, § 16.

50-6A-33. Signatures of commissioners or officers valid after signers leave office.

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 all purposes, the same as if the commissioners or officers had remained in office until delivery.

Source: SL 1976, ch 303, § 15.

50-6A-34. Public sale of bonds--Small issues excepted--Interest.

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.

50-6A-35. Bonds fully negotiable.

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.

50-6A-36. Tax exemption of bonds.

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.

50-6A-37. No personal liability on bonds unless debt limitation exceeded.

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 1976, ch 303, § 14.

50-6A-38. Arrangements for airport operation--Maximum duration--Purposes--Terms and conditions--Public rights protected.

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 the airport or airport facility or any portion or facility thereof or space therein for commercial purposes;

(2)    Conferring the privilege of supplying goods, commodities, things, services, or facilities at the airport or airport facility; and

(3)    Making available services to be furnished by the authority or its agents at the airport or airport facility.

In each case the authority 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 or privilege or service and shall be established with due regard to the property and improvements used and the expenses of operation to the authority. However, in no case may the public be deprived of its rightful, equal, and uniform use of the airport, airport facility, or portion or facility thereof.

Source: SL 1976, ch 303, § 18; SL 2018, ch 269, § 18.

50-6A-38.1. Regional airport authority authorized to provide funds for air carrier air service.

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 carrier. Funds provided by a regional airport authority to pay compensation for such air service shall be budgeted pursuant to chapter 50-6A.

Source: SL 1988, ch 376, § 4; SL 1990, ch 377, § 3; SL 2014, ch 222, § 41.

50-6A-39. Operating contract for airport--Duration--Conditions.

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 thirty years the privilege of operating, as agent of the authority or otherwise, any airport owned or controlled by the authority; provided that no person shall be granted any authority to operate 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 authority might not have undertaken under § 50-6A-38.

Source: SL 1976, ch 303, § 19.

50-6A-40. Disposal of airport or property by authority--Manner and terms.

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, acquired pursuant to this chapter. The disposal by sale, lease, or otherwise, shall be in accordance with the laws of this state governing the disposition of other public property, except that in the case of disposal to another authority, a subdivision, or an agency of the state or federal government for use and operation as a public airport, the sale, lease, or other disposal may be effected in such manner and upon such terms as the commissioners of the authority may deem in the best interest of civil aviation.

Source: SL 1976, ch 303, § 12; SL 2018, ch 269, § 19.

50-6A-41. Rules, regulations, and orders.

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 prescribed by the commission shall be inconsistent with, or contrary to, any act of the Congress of the United States or any regulation promulgated or standard established pursuant thereto. The authority shall keep on file at the principal office of the authority for public inspection a copy of all its rules and regulations.

Source: SL 1976, ch 303, § 20; SL 2018, ch 269, § 20.

50-6A-42. Agencies authorized to act through joint boards.

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, political subdivision or agency of an adjoining state; and

(2)    The term "governing body" includes commissioners of an authority, the governing body of a subdivision, and the head of an agency of a state or the United States if the public agency is other than an authority or subdivision.

Source: SL 1976, ch 303, § 25.

50-6A-43. Joint exercise of powers by airport authority and public agency.

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 state or of the United States permit such joint exercise or enjoyment. Any agency of the state government, when acting jointly with any authority, may exercise and enjoy all the powers, privileges, and authority conferred by this chapter upon an authority.

Source: SL 1976, ch 303, § 25.

50-6A-44. Joint action agreements between public agencies--Terms and conditions.

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, facilities, and privileges involved in the joint undertaking, the proportion of costs of operation, and other considerations, to be borne by each public agency, and such other terms as are deemed necessary or required by law. The agreement may also provide for amendments and termination; disposal of all or any of the property, facilities, and privileges jointly owned, prior to, or at such times as said property, facilities, and privileges, or any part thereof, cease to be used for the purposes provided in this chapter, or upon termination of the agreement; the distribution of the proceeds received upon any disposal, and of any funds or other property jointly owned and undisposed of; the assumption of payment of any indebtedness arising from the joint undertaking which remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient.

Source: SL 1976, ch 303, § 26.

50-6A-45. Joint board created by public agencies.

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 provided for in the joint agreement. Each joint board shall organize, select officers for such terms as are fixed by the agreement, and adopt and amend from time to time rules for its own procedure. The joint board may, as agent of the participating public agencies, to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police any airport, airport facility, or airport hazard to be jointly acquired, controlled and operated. The board may be authorized by the participating public agencies to exercise on behalf of its constituent public agencies all the powers of each with respect to the airport, airport facility, or airport hazard, subject to the limitations of §§ 50-6A-46 to 50-6A-51, inclusive.

Source: SL 1976, ch 303, § 27; SL 2018, ch 269, § 21.

50-6A-46. Annual budget for joint board expenditures--Approval by constituent agencies.

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 agencies.

Source: SL 1976, ch 303, § 28.

50-6A-47. Approval required for costs in excess of agreement or budget.

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 governing bodies of its constituent public agencies.

Source: SL 1976, ch 303, § 28; SL 2018, ch 269, § 22.

50-6A-48. Eminent domain proceedings by joint board--Public agency approval required--Property held as tenants in common.

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 constituent public agencies jointly, and the property so acquired shall be held by said public agencies as tenants in common.

Source: SL 1976, ch 303, § 28.

50-6A-49. Resolutions, rules, regulations and orders of joint board concerning contracts and leases--Public agency approval required--Force and effect.

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, 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.

Source: SL 1976, ch 303, § 28.

50-6A-50. Joint fund created for joint board.

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 agencies as provided by the joint agreement. Any federal, state, or other grants, contributions, or loans, and the revenues obtained from the joint ownership, control, and operation of any airport or airport facility under the jurisdiction of the joint board shall be paid into the joint fund. Disbursements from the fund shall be made by order of the board, subject to the limitations prescribed in §§ 50-6A-46 to 50-6A-51, inclusive.

Source: SL 1976, ch 303, § 29; SL 2018, ch 269, § 23.

50-6A-51. Disposal of airports or property by joint board.

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 other arrangements contemplated by §§ 50-6A-38 and 50-6A-39.

Source: SL 1976, ch 303, § 28; SL 2018, ch 269, § 24.

50-6A-52. Airport acquisitions and development declared public purpose and necessity.

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 acquisition or elimination of airport hazards, and the exercise of any other powers herein granted to authorities and other public agencies, to be severally or jointly exercised, are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of any authority 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.

Source: SL 1976, ch 303, § 30; SL 2018, ch 269, § 25.

50-6A-53. Tax exemption of airport property and income.

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 for public purpose.

Source: SL 1976, ch 303, § 31.

50-6A-54. Severability of provisions.

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 applications.

Source: SL 1976, ch 303, § 37.

50-6A-55. Citation of chapter.

This chapter may be cited as the "Airport Authorities Act."

Source: SL 1976, ch 303, § 36.