§ 14-361-104 - Powers of municipalities generally.
14-361-104. Powers of municipalities generally.
(a) Establishment, Operation, and Land Acquisition. Every municipality as defined in 14-361-102 is authorized, out of any appropriations or other moneys made available for such purposes, to 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, including the 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. For such purposes, the municipality may use any available property that it may own or control and may, by purchase, gift, devise, lease, eminent domain proceedings, or otherwise, acquire real or personal property 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 of obstructions, lighting of airport hazards, or to prevent the establishment of airport hazards.
(b) Acquisition of Existing Airports. The municipality may, by purchase, gift, devise, lease, proceedings, or otherwise, acquire existing airports and navigation facilities. However, 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 the municipality or public agency.
(c) Establishment of Airport on Public Waters and Reclaimed Lands. For the purposes of this chapter, a municipality may 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 public waters, and any artificial or reclaimed lands which, before the artificial making or reclamation thereof, constituted a portion of the submerged lands under public waters and may 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.
(d) Limitation on Design and Operation of Air Navigation Facilities. 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.