42-2-204 - State airports.
42-2-204. State airports.
(a) Establishment; Operation; Maintenance.
(1) The department is authorized on behalf of and in the name of the state, out of appropriations and other moneys made available for these purposes, to plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the state, including the construction, installation, equipment, maintenance and operation at airports or buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers.
(2) For purposes of subdivision (a)(1), the department may, by purchase, gift, devise, lease, condemnation or otherwise, acquire property, real or personal, or any interest in property, real or personal, including avigation easements and 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 airports or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards.
(3) In like manner, the department may acquire existing airports and air navigation facilities; provided, that it shall not acquire or take over any airport, air navigation facility, avigation easement or easement in airport hazards owned or controlled by a municipality of this or any other state without the consent of the municipality.
(4) The department may, by sale, lease, or otherwise, dispose of any property, airport, air navigation facility, avigation easement, easement in airport hazard or portion thereof or interest therein.
(5) Disposal shall be in accordance with the laws of this state governing the disposition of other property of the state, except that in the case of disposals to any municipality or state government or the United States for aeronautical purposes incident thereto, the sale, lease, or other disposal may be effected by the manner and upon the terms that the department may deem in the best interest of the state.
(b) Airport Zoning. Nothing contained in this chapter shall be construed to limit any right, power or authority of the state or a municipality to regulate airport hazards by zoning.
(c) Joint Operations. The department may exercise any powers granted by this section jointly with any municipalities or agencies of the state government, with other states or their municipalities, or with the United States.
(d) Condemnation.
(1) In the condemnation of property authorized by this section, the department shall proceed in the name of the state in the manner provided by title 29, chapter 16.
(2) For the purpose of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage.
(3) Notwithstanding any other statute, or the charter of any municipality, the department may take possession of any property to be condemned at any time after the commencement of the condemnation proceedings.
(4) The department shall not be precluded from abandoning the condemnation of any property in any case where possession thereof has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken by the proceedings and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.
(e) Federal Aid. The department is authorized to accept, receive, receipt for, disburse and expend federal money, and other moneys, public or private, made available to accomplish, in whole or in part, any of the purposes of this section. All moneys accepted under this section shall be accepted and expended by the department upon the terms and conditions prescribed by the United States. In accepting federal moneys under this section, the department shall have the same authority to enter into contracts on behalf of the state as is granted to the department under § 42-2-203(c) with respect to federal moneys accepted on behalf of municipalities. All moneys received by the department pursuant to this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which such moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, and held by the state in trust for those purposes subject to disbursement by order of the department for those purposes. All such moneys are appropriated for the purpose of which the moneys were made available, to be disbursed or expended in accordance with the terms and conditions upon which they were made available.
[Acts 1957, ch. 374, § 7; 1972, ch. 829, § 21; T.C.A., §§ 42-214, 42-2-113.]