42-1-101. Part definitions.

As used in this part, unless the context otherwise requires:

1. “Aeronaut” includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight;
2. “Aircraft” includes balloon, airplane, hydroplane, and every other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, shall be governed by the rules regarding water navigation; while being operated through the air otherwise than immediately above water, it shall be treated as an aircraft;
3. “Commissioner” means the commissioner of transportation;
4. “Department” means the department of transportation; and
5. “Passenger” includes any person riding in an aircraft but having no part in its operation.

Acts 1923, ch. 30, § 1; Shan. Supp., § 1616a12; Code 1932, § 2716; T.C.A. (orig. ed.), § 42-101; Acts 1981, ch. 264, § 17.

Cross-References. Aerial application of pesticides, title 43, ch. 8, part 3.

Aircraft piracy, first degree murder, § 39-13-202.

Airport and aircraft security, § 39-17-109.

Aviation fuel, § 67-6-217.

Aviation fuel, title 67, ch. 4, part 27.

Classification and Assessment if utilities and carriers, title 67, ch. 5, part 13.

Confiscation of aircraft in drug control, title 53, ch. 11, part 2.

Conveyances subject to forfeiture, § 40-33-101.

Disorderly conduct, title 39, ch. 17, part 3.

Exemption of aviation fuel from taxation, § 67-3-409.

Exemptions from sales and use tax, title 67, ch. 6, part 3.

Goods subject to forfeiture and seizure in drug control, § 53-11-451.

Liens against aircraft, title 66, ch. 19, part 3.

Military property, title 58, ch. 1, part 5.

Procedure for seizing contraband alcoholic beverages, § 57-9-202.

Procedure for seizing contraband tobacco, § 67-4-1021.

Standards for vehicles and equipment, § 68-140-307.

State aviation hall of fame, § 4-1-326.

Transportation equity fund, commissioners' annual report, § 67-6-408.

Transportation equity trust fund, § 9-4-207.

Vehicles subject to confiscation transporting alcoholic beverages, § 57-9-201.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Airplanes and Airports, § 1.

Law Reviews.

Trespass — Airplanes at Low Altitudes, 8 Tenn. L. Rev. 285.

Comparative Legislation. Regulation of aircraft generally:

Ala.  Code § 23-1-350 et seq.

Ark.  Code § 23-14-101 et seq.

Ga. O.C.G.A. § 6-1-1 et seq.

Ky. Rev. Stat. Ann. § 183.010 et seq.

Miss.  Code Ann. § 61-1-1 et seq.

Mo. Rev. Stat. § 305.010 et seq.

N.C. Gen. Stat. § 63-11 et seq.

Va. Code § 5.1-1 et seq.

42-1-102. Sovereignty in space above lands and waters.

Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state.

Acts 1923, ch. 30, § 2; Shan. Supp., § 1616a13; Code 1932, § 2717; T.C.A. (orig. ed.), § 42-102.

42-1-103. Ownership in space above lands and waters is in surface owners beneath.

The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in § 42-1-104.

Acts 1923, ch. 30, § 3; Shan. Supp., § 1616a14; Code 1932, § 2718; T.C.A. (orig. ed.), § 42-103.

Collateral References.

Air navigation as invasion of property rights of owner of surface. 69 A.L.R. 317.

42-1-104. Air flights lawful — Exceptions — Forced landing — Liability for damages.

1. Flight in aircraft over the lands and waters of this state is lawful unless at such a low altitude as to interfere with the existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.
2. The landing of an aircraft on the lands or waters of another person, without that person's consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the aeronaut shall be liable, as provided in § 42-1-105.

Acts 1923, ch. 30, § 4; Shan. Supp., § 1616a15; Code 1932, § 2719; T.C.A. (orig. ed.), § 42-104.

42-1-105. Liability of owner, pilot or lessee of aircraft for damages — Prima facie ownership.

1. As used in this section, “owner” includes a person having full title to the aircraft or operating it through servants, and also includes a bona fide lessee or bailee of the aircraft, whether gratuitously or for hire. “Owner” does not include a bona fide bailor or lessor of the aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller, trustee for creditors of the aircraft or other person having a security title only, nor shall the owner of the aircraft be liable when the pilot thereof is in possession thereof as a result of theft or felonious conversion.
2. The owner and pilot, or either of them, of every aircraft that is operated over lands or waters of this state shall be liable for injuries or damage to persons or property on the land or water beneath, caused by the ascent, descent, or flight of the aircraft, or the dropping or falling of any objects therefrom in accordance with the rules of law applicable to torts in this state.
3. The person in whose name an aircraft is registered with the United States department of commerce or the Tennessee department of transportation shall be prima facie the owner of the aircraft within the meaning of this section.

Acts 1923, ch. 30, § 5; Shan. Supp., § 1616a16; Code 1932, § 2720; Acts 1957, ch. 325, § 1; impl. am. Acts 1972, ch. 829, § 16; T.C.A. (orig. ed.), § 42-105.

Law Reviews.

Federal Tort Claims Act — Conflict of Absolute Liability with Limited Waiver of Immunity. 40 Tenn. L. Rev. 767.

42-1-106. Rules of law of jurisdiction determining liability of owners.

The liability of the owner of one (1) aircraft to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damages caused by collision on land or in the air, shall be determined by the rules of law applicable to torts on land.

Acts 1923, ch. 30, § 6; Shan. Supp., § 1616a17; Code 1932, § 2721; T.C.A. (orig. ed.), § 42-106.

Collateral References.

Choice of law consideration in application of aviation guest statutes. 62 A.L.R.3d 1076.

42-1-107. Laws of this state govern as to wrongs and damages.

All crimes, torts, and other wrongs committed by or against an aeronaut or passenger while in flight over this state shall be governed by the laws of this state; and the question whether damage occasioned by or to an aircraft while in flight over this state constitutes a tort, crime, or other wrong by or against the owner of the aircraft shall be determined by the laws of this state.

Acts 1923, ch. 30, § 7; Shan. Supp., § 1616a18; Code 1932, § 2722; T.C.A. (orig. ed.), § 42-107.

Cross-References. Aggravated assault, § 39-13-102.

Arson; setting fire to personal property, §§ 39-14-301, 39-14-303.

Vandalism, § 39-14-408.

Collateral References.

Choice of law consideration in application of aviation guest statutes. 62 A.L.R.3d 1076.

Liability of owner of wires, poles, or structures struck by aircraft for resulting injury or damage. 49 A.L.R.5th 659.

42-1-108. Contracts and other relations made while in flight.

All contractual and other legal relations entered into by aeronauts or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath.

Acts 1923, ch. 30, § 8; Shan. Supp., § 1616a19; Code 1932, § 2723; T.C.A. (orig. ed.), § 42-108.

42-1-109. Dropping objects in flight — Penalty.

Any aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering within this state, drops any object except loose water or loose sand ballast, commits a Class B misdemeanor.

Acts 1923, ch. 30, § 9; Shan. Supp., § 1616a20; Code 1932, § 2724; impl. am. Acts 1947, ch. 132; C. Supp. 1950, § 2724; T.C.A. (orig. ed.), § 42-109; Acts 1989, ch. 591, § 112.

Cross-References. Penalty for Class B misdemeanor, § 40-35-111.

42-1-110. Intentionally killing or attempting to kill birds or animals — Penalty.

Any aeronaut or passenger who, while in flight within this state, intentionally kills or attempts to kill any birds or animals commits a Class C misdemeanor.

Acts 1923, ch. 30, § 10; Shan. Supp., § 1616a21; Code 1932, § 2725; T.C.A. (orig. ed.), § 42-110; Acts 1989, ch. 591, § 113.

Cross-References. Hunting from aircraft, water craft, or motor vehicles unlawful, § 70-4-109.

Penalty for Class C misdemeanor, § 40-35-111.

Tennessee Farm Animal and Research Facilities Protection Act, title 39, ch. 14, part 8.

42-1-111. Damaging or extinguishing beacons — Penalty.

1. It is unlawful for any person or persons to willfully damage, deface or extinguish any beacon, marker, guide light, directional sign, or landing area lights provided or erected in this state for the guidance of aircraft.
2. A violation of this section is a Class C misdemeanor.

Acts 1947, ch. 133, §§ 1, 2; C. Supp. 1950, §§ 2726.8, 2726.9 (Williams, §§ 2726.70, 2726.71); T.C.A. (orig. ed.), § 42-119; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

42-1-112. Uniformity of state laws — Harmony with federal requirements.

This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.

Acts 1923, ch. 30, § 11; Shan. Supp., § 1616a22; Code 1932, § 2726; T.C.A. (orig. ed.), § 42-111.

42-1-113. Aircraft sales and purchases — Reports.

1. Any person who sells an aircraft in this state, any person who purchases an aircraft in this state, and every resident of this state who purchases an aircraft shall report to the commissioner of revenue the following information:
   1. The name, sales tax registration number, and invoice number of the seller;
   2. The name and address of the purchaser;
   3. A description of the aircraft;
   4. The date of sale;
   5. The place and date of delivery;
   6. The name of the seller, or the seller's agent, making delivery to a point outside this state;
   7. The place the aircraft will be based;
   8. The trade-in allowance, if any, and the total sales price; and
   9. A statement whether Tennessee sales or use tax has been paid.
2. In the case of a sale in which the seller, or the seller's agent, actually makes delivery of the aircraft to a point outside this state, and in the case of a sale where the aircraft will be removed within thirty (30) calendar days of purchase to another state for use outside this state, the seller and the purchaser shall execute at the time of sale an affidavit stating that neither party has knowledge or reason to believe that the aircraft will be used in or brought back into the state of Tennessee. This affidavit shall be filed with the commissioner of revenue.
3. Any seller of an aircraft, or the seller's agent, making delivery of an aircraft to a point outside this state shall execute an affidavit within thirty (30) days of delivery, stating the date and place of delivery, the name and address of the person to whom delivery was made and the name and type of business the purchaser is involved in and a brief statement of purpose regarding the planned use of the aircraft. This affidavit shall be filed with the commissioner of revenue.
4. If the purchaser is a resident of this state, the commissioner of revenue shall send a copy of the information required in subsection (a) to the assessor of property of the county in which the purchaser resides.

Acts 1984, ch. 846, § 1.

Part 2
Unlawful Operation of Aircraft

42-2-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

1. “Aeronautics” means:
   1. The science and art of flight, including, but not limited to, transportation by aircraft;
   2. The operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the use, repair, packing, and maintenance of parachutes;
   3. The design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports or other air navigation facilities; and
   4. Instruction in flying or ground subjects pertaining thereto;
2. “Aeronautics instructor” means any individual who for hire or reward engages in giving instruction or offering to give instruction in flying or ground subjects pertaining to aeronautics. “Aeronautics instructor” excludes any instructor in a public school, university, or institution of higher learning duly accredited and approved for carrying on collegiate work, who instructs in flying or ground subjects pertaining to aeronautics, only in the performance of that person's duties at the school, university or institution;
3. “Air navigation facility” means any facility, other than one owned or 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 these facilities;
4. “Air school” means:
   1. Any aeronautics instructor who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics; and
   2. Any person who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics whether for or without hire or reward. “Air school” excludes any public school or university, or institution of higher learning duly accredited and approved for carrying on collegiate work;
5. “Aircraft” means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air;
6. “Airman” means:
   1. Any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way;
   2. Any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances; and
   3. Any individual who serves in the capacity of aircraft dispatcher, or air-traffic control-tower operator;

      but does not include any individual employed outside the United States, or any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by that individual;

7. “Airport” means any area of land or water that is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements or rights-of-way, together with all airport buildings and facilities located on such areas, easements or rights-of-way;
8. “Airport hazard” means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or that is otherwise hazardous to such landing or taking off;
9. “Approach surface” means the imaginary sloping plane beginning at the end of a runway or landing strip and rising uniformly over the approach area at the required slope;
10. “Avigation easement” means any easement that includes all or any part of the following:
    1. The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain described land, at the altitude or height above the surface of the land as determined by the department of transportation;
    2. The right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures or facilities and the growth of any trees or objects upon the real estate, over, above and across certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and
    3. The right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons on the land;
11. “Commissioner” means the commissioner of transportation;
12. “Department” means the department of transportation;
13. “Disburse” or “expend” means disburse or expend through the state treasurer in the manner required by law for the disbursement and expending of public moneys, except that no special legislative appropriation shall be required;
14. “General aviation industry” means all aviation in this state with the exception of the airlines and the military;
15. “Landing strip” means that part of the area within an airport boundary that either in its natural state or as a result of construction work is suitable for the landing and take off of aircraft;
16. “Municipal” means pertaining to a municipality as defined in this section;
17. “Municipality” means any county, incorporated city, incorporated town, authority, district or other political subdivision or public corporation of this state;
18. “Operation of aircraft” or “operate aircraft” means the use, navigation or piloting of aircraft in the airspace over this state or upon any airport within this state;
19. “Parachute” includes any device used for the aerial descent of airmen or passengers from aircraft while such aircraft is in flight;
20. “Parachute jump” means exit from, departure from or bailing out of an aircraft in flight by airmen or passengers;
21. “Permit” means a permit issued by the department under this chapter;
22. “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative of such a person;
23. “Public use airport” means any area of land or water, or both, designed and set aside for the taking off and landing of aircraft and utilized or to be utilized in the interest of the public for those purposes;
24. “Regularly scheduled aeronautics” means those flight activities conducted in accordance with a published schedule such as the “Official Airline Guide,” or those flight activities routinely flown on certain days of the week or month; provided, that any activities flown less than an average of three (3) times per week are excepted from this definition;
25. “Runway” means the paved, hard surfaced, or stabilized portion of a landing strip;
26. “State” or “this state” means the state of Tennessee;
27. “State airway” means a route in the navigable airspace over and above the lands or waters of this state, designated by the department as a route suitable for air navigation;
28. “Structure” means any object constructed or installed by humans, including, but not limited to, buildings, towers, smokestacks, electronic transmission or receiving towers and antennae, and overhead transmission lines;
29. “Transitional surface” means an imaginary sloping plane having a profile perpendicular to the extended runway or landing strip longitudinal centerlines, beginning at the outside edge of the approach surface and rising uniformly at the required slope; and
30. “Urban areas” means the five (5) most populous regions of the state that lie within twenty-five (25) miles of an airport.

Acts 1957, ch. 374, § 1; 1969, ch. 82, § 1; 1977, ch. 137, § 1; T.C.A., § 42-202; Acts 1980, ch. 631, § 1; 1981, ch. 264, § 17.

Cross-References. Airport and aircraft security, § 39-17-109.

Airport, annexation-free zone, § 6-58-116.

Airport noise mitigation programs, § 7-3-313.

Airport noise mitigation programs, § 13-20-217.

Annexation of regional airport commission property, § 6-51-117.

Government tort liability, title 29, ch. 20.

Loans for airports, title 4, ch. 31, part 6.

Municipal powers, title 6, ch. 54.

Tennessee insurance guaranty associations bonds, title 4, ch. 31, part 8.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Airplanes and Airports, § 1.

Law Reviews.

Administrative Law — 1964 Tennessee Survey (E. Blythe Stason), 18 Vand. L. Rev. 1047.

Comparative Legislation. Aeronautics commission or department:

Ala.  Code § 23-1-350 et seq.

Ark.  Code § 23-14-101 et seq.

Ga. O.C.G.A. § 6-1-1 et seq.

Ky. Rev. Stat. Ann. § 183.024 et seq.

Miss.  Code Ann. § 61-1-1 et seq.

Mo. Rev. Stat. § 305.010 et seq.

N.C. Gen. Stat. § 63-45 et seq.

Va. Code § 5.1-1.1 et seq.

Collateral References.

Liability of United States for negligence of air traffic controller. 46 A.L.R. Fed. 24.

Aviation 3, 7.

42-2-102. Purpose of chapter.

It is declared that the purpose of this chapter is to further the public interest and aeronautical progress by:

1. Providing for the protection and promotion of safety in aeronautics;
2. Cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics laws and regulations;
3. Granting to a state agency such powers and imposing upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within its jurisdiction, assist in the development of a statewide system of airports, cooperate with and assist the municipalities of the state and others engaged in aeronautics, and encourage and develop aeronautics;
4. Establishing only such regulations as are essential in order that persons engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and
5. Providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state.

Acts 1957, ch. 374, § 2; T.C.A., § 42-203.

42-2-103. Public purpose of activities — Immunity.

1. The acquisition of any lands or interests in lands pursuant to this chapter, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports, air navigation facilities, and avigation easements and the acquisition, lighting, marking or eliminating of airport hazards, whether by the state separately or jointly with any municipality or municipalities, or airport authority, and the exercise of any other powers granted in this chapter to the department are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity, and no action or suit shall be brought or maintained against the state or any municipality, or airport authority or any officers, agents, servants, or employees of the foregoing, in or about the construction, maintenance, operation, superintendence, or management of any state or municipal airport or airport authority, navigation facility, avigation easement or airport hazard.
2. All lands and other property and privileges acquired and used by or on behalf of the state in the manner and for the purposes enumerated in this chapter shall and are declared to be acquired and used for public and governmental purposes and as a matter of public necessity.

Acts 1957, ch. 374, § 11; 1977, ch. 137, § 7; T.C.A., §§ 42-219, 42-2-118.

42-2-104. Federal airman and aircraft certificates.

1. Operation Without Certificate, Permit or License Unlawful.  It is unlawful for any person to operate or cause or authorize to be operated any civil aircraft within this state, unless that aircraft has an appropriate effective certificate, permit or license issued by the United States, if such certificate, permit or license is required by the United States. It is unlawful for any person to engage in aeronautics as an airman in the state unless that person has an appropriate effective airman certificate, permit, rating or license issued by the United States authorizing that person to engage in the particular class of aeronautics in which such person is engaged, if a certificate, permit, rating or license is required by the United States.
2. Exhibition of Certificates.
   1. Where a certificate, permit, rating or such person's license is required for an airman by the United States, it shall be kept in the airman's personal possession when the airman is operating within the state and shall be presented for inspection upon the demand of any peace officer, or any other officer of the state or of a municipality or member, official or employee of the department, authorized pursuant to § 42-2-215, to enforce the aeronautics laws, or any official, manager or person in charge of any airport upon which the airman shall land, or upon the reasonable request of any other person.
   2. Where a certificate, permit or license is required by the United States for an aircraft, it shall be carried in the aircraft at all times while the aircraft is operating in this state, shall be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors, and shall be presented for inspection upon the demand of any peace officer, or any other officer of this state or of a municipality or member, official, or employee of the department authorized pursuant to § 42-2-215 to enforce the aeronautics laws, or any official, manager or person in charge of any airport upon which the aircraft shall land, or upon the reasonable request of any person.

Acts 1957, ch. 374, § 13; 1972, ch. 829, § 21; T.C.A., §§ 42-221, 42-2-120.

42-2-105. Violation of chapter, regulations or orders — Penalty.

A violation of this chapter, or any of the rules, regulations or orders issued pursuant to this chapter, is a Class E felony.

Acts 1957, ch. 374, § 21; T.C.A., §§ 42-229, 42-2-128; Acts 1989, ch. 591, § 34.

Cross-References. Penalty for Class E felony, § 40-35-111.

Cited: State v. Russell, — S.W.3d —, 2012 Tenn. Crim. App. LEXIS 161 (Tenn. Crim. App. Mar. 15, 2012).

Collateral References.

Liability for civilian skydiver's or parachutist's injury or death. 95 A.L.R.3d 1280.

42-2-106. Parachute jumps.

1. It is unlawful for any airman or passenger to parachute jump from an aircraft that is in flight, except in an emergency declared by the pilot in command of the aircraft, or unless such jump is made in compliance with existing federal regulations as are set forth by the federal aviation administration and with the equipment as prescribed by the existing rules and regulations of the federal aviation administration. Any airman or passenger who parachute jumps from an aircraft shall comply fully with part 105 of the federal air regulations.
2. All permanent drop zones are to be registered with the department. The registration is to include the drop zone's location, the names of those persons responsible for activities at the drop zone, the name of the organization involved, and the written permission of the property owner or airport manager, if an airport is the drop zone.
3. No provision in this section shall apply to personnel of the federal or state military forces making military parachute jumps in accordance with military orders or regulations.

Acts 1957, ch. 374, § 31; 1965, ch. 211, § 1; 1972, ch. 829, § 26; 1974, ch. 695, §§ 1, 2; T.C.A., §§ 42-237, 42-2-136.

Compiler's Notes. Part 105 of the federal air regulations, referred to in this section, is compiled as 14 CFR § 105.1 et seq.

Cross-References. Penalty for violation of chapter, § 42-2-105.

Collateral References.

Liability for civilian skydiver's or parachutist's injury or death. 95 A.L.R.3d 1280.

42-2-107. License, tax or payment for use of publicly owned public use airports by certain aircraft prohibited — Exception — Exemption.

It is unlawful for any municipality to require the payment of any license fee, tax or otherwise charge any sum of money for the use of any publicly owned public use airport for purpose of landing, taking off or any other purpose directly connected with that purpose for aircraft whose gross weight is twelve thousand five hundred pounds (12,500 lbs.) or less, except such planes used by regularly scheduled aeronautics; provided, that this section shall not be construed to make it unlawful to require payment for overnight storage of aircraft or to charge a fee or tax in conjunction with the purchase of aviation fuel; and provided further, that all airports operated by metropolitan airport authorities created pursuant to chapter 4 of this title are exempt from this section and that the department, for good cause shown, may exempt any publicly owned public use airport from all or any portion of this section.

Acts 1957, ch. 374, § 35; 1972, ch. 829, § 21; T.C.A., § 42-241; Acts 1980, ch. 631, § 2; impl. am. Acts 1981, ch. 264, § 17; T.C.A., § 42-2-140.

Part 2
Department of Transportation

42-3-101. Short title.

This chapter shall be known and may be cited as the “Airport Authorities Act.”

Acts 1957, ch. 376, § 22; T.C.A., § 42-601.

Cross-References. Authority to regulate passenger transportation services, title 7, ch. 51, part 10.

Contracts and mutual aid agreements, § 6-54-601.

Loans for airports, title 4, ch. 31, part 6.

Metropolitan Airport Authorities, title 42, ch. 4.

Mutual aid agreements, § 6-54-307.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Airplanes and Airports, § 1.

Attorney General Opinions. Open Meetings Act applicable to authority, OAG 96-131 (11/14/96).

Comparative Legislation. Airport authorities:

Ala.  Code § 4-3-1 et seq.

Ky. Rev. Stat. Ann. § 183.132 et seq.

Miss.  Code Ann. § 61-3-1 et seq.

Mo. Rev. Stat. § 305.300 et seq.

Va. Code § 5.1-2.23 et seq.

Cited: Niswonger v. American Aviation, Inc., 424 F. Supp. 1080, 1976 U.S. Dist. LEXIS 16844 (E.D. Tenn. 1976); Metaljan v. Memphis-Shelby County Airport Authority, 752 F. Supp. 834, 1990 U.S. Dist. LEXIS 16904 (W.D. Tenn. 1990); Midwestern Gas Transmission Co. v. Dunn, — S.W.3d —, 2006 Tenn. App. LEXIS 130 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Fenimore, — S.W.3d —, 2006 Tenn. App. LEXIS 131 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Ingrum, — S.W.3d —, 2006 Tenn. App. LEXIS 132 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Lassiter, — S.W.3d —, 2006 Tenn. App. LEXIS 133 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Gregory, — S.W.3d —, 2006 Tenn. App. LEXIS 134 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Reese, — S.W.3d —, 2006 Tenn. App. LEXIS 135 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Camilla Jean Palmer Revocable Living Trust, — S.W.3d —, 2006 Tenn. App. LEXIS 136 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Law, — S.W.3d —, 2006 Tenn. App. LEXIS 137 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. McKee, — S.W.3d —, 2006 Tenn. App. LEXIS 138 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Pryor, — S.W.3d —, 2006 Tenn. App. LEXIS 139 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Marcum, — S.W.3d —, 2006 Tenn. App. LEXIS 140 (Tenn. Ct. App. Feb. 24, 2006).

42-3-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

1. “Air navigation facility” means any facility, other than a facility 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 that is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements or rights-of-way, together with all airport buildings and facilities located on those areas;
3. “Airport authority” or “authority” means any regional airport authority or municipal airport authority created pursuant to this chapter;
4. “Airport hazard” means any structure, object of natural growth, or use of land that 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;
5. “Avigation easement” means any easement that shall include all or any part of the following:
   1. The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain land, beginning at the altitude or height above the surface of the land as determined by the airport authority;
   2. The right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures or facilities and the growth of any trees or objects upon the real estate, over, above and across such certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and
   3. The right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons on the land;
6. “Bonds” means any bonds, notes, interim certificates, debentures, or similar obligations issued by an authority pursuant to this chapter;
7. “Clerk” means the custodian of the official records of a municipality;
8. “Governing body” means the official or officials authorized by law to exercise ordinance or other law-making powers of a municipality, county or political subdivision of another state;
9. “Municipal airport authority” or “municipal authority” means a municipal airport created pursuant to § 42-3-103;
10. “Municipality” means any county, or any incorporated city or incorporated town of this state;
11. “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative of the individual or organization; and
12. “Regional airport authority” or “regional authority” means a regional airport authority created pursuant to § 42-3-104.

Acts 1957, ch. 376, § 1; 1977, ch. 471, § 3; T.C.A., § 42-602; Acts 2010, ch. 802, § 1.

Amendments. The 2010 amendment added “, county or political subdivision of another state” to the end of the definition of “governing body”.

Effective Dates. Acts 2010, ch. 802, § 3. July 1, 2010.

Cited: Chapman v. Sullivan County, 608 S.W.2d 580, 1980 Tenn. LEXIS 511 (Tenn. 1980); Lewis v. Cleveland Mun. Airport Auth., 289 S.W.3d 808, 2008 Tenn. App. LEXIS 808 (Tenn. Ct. App. Sept. 11, 2008).

Collateral References.

Liability of United States for negligence of air traffic controller. 46 A.L.R. Fed. 24.

42-3-103. Creation of municipal airport authority — Dissolution of municipal airport authority.

1. Authorization; Ordinance or Resolution Commissioners; Removal of Commissioners.
   1. Any municipality may, by ordinance if a city or town, or by resolution if a county, create a municipal airport authority, which shall be authorized to exercise its functions upon the appointment and qualification of the first commissioners of the authority, and the issuance of a certificate of incorporation by the secretary of state. Upon adoption of an ordinance or resolution, whichever is applicable, creating a municipal airport authority, the governing body of the municipality shall, pursuant to the ordinance or resolution, appoint at least five (5) and no more than eleven (11) persons as commissioners of the authority. The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, but thereafter, each commissioner shall be appointed by the governing body of the municipality for a term of five (5) years, except that vacancies occurring otherwise than by the expiration of terms shall be filled by the governing body of the municipality for the unexpired term, in the same manner as the original appointments.
   2. The governing body of the municipality or the county may, by a two-thirds (2/3) vote of the governing body upon written charges and after a public hearing, remove any or all of the commissioners of the authority for incompetency, failure or neglect to perform the duties required by law, malfeasance, misfeasance, misconduct or corruption in office or for any other good and sufficient reason. If removed, a vacancy shall exist on the authority of the commissioner or commissioners so removed and the vacancy shall be filled by the governing body for the unexpired term in the same manner as in the case of the original appointment.
2. Application; Certificate; Corporate Existence.
   1. The commissioners of the airport authority shall present to the secretary of state an application signed by them, which shall set forth, without any detail other than mere recital:
      1. That the governing body of the municipality by ordinance or resolution created a municipal airport authority and thereafter appointed them as commissioners;
      2. The name and official residence of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office and that they desire the municipal airport authority to become a public body corporate and politic under this chapter;
      3. The term of office of each of the commissioners;
      4. The name that is proposed for the corporation; and
      5. The location of the principal office of the proposed corporation.
   2. The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that such officer personally knows the commissioners, and knows them to be the officers as appointed in the application, and that each subscribed and swore thereto in the officer's presence. The secretary of state shall examine the application and if the secretary of state finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state, or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall receive and file it and shall record it in an appropriate book of record in the secretary of state's office.
   3. When the application has been made, filed and recorded as provided in this subsection (b), the authority shall constitute a public body corporate and politic under the name proposed in the application. The secretary of state shall make and issue to the commissioners a certificate of incorporation pursuant to this chapter, under the seal of the state and shall record the certificate with the application.
   4. Upon receiving the certificate of incorporation, the commissioners shall cause the certificate to be placed of record in the register's office of the county in which the airport authority has its principal office.
3. This section shall not apply to any county having a metropolitan form of government and having a population of more than one hundred thousand (100,000).
4. 1. 1. The county legislative body of any county that has created a municipal airport authority where the commissioners of the airport authority have, without legal authority to do so in accordance with § 42-3-104, altered their certificate of authority filed with the secretary of state, referring to the municipal airport created pursuant to this section as a regional airport authority, shall have the authority, if the county legislative body determines that it is in the best interest of the county that the airport authority so created be dissolved, then upon adoption of a resolution by a two-thirds (2/3) vote of the county legislative body, the county mayor shall execute and file for record with the secretary of state a certificate of dissolution reciting those facts and declaring the authority to be dissolved. The resolution shall be read and passed upon two (2) separate readings at two (2) consecutive meetings in open session. At least thirty (30) days shall have elapsed between the first and second readings. Any resolution not so read and passed shall be null and void.
      2. The resolution dissolving the airport authority shall further provide whether the governing body of the municipality shall become the governing body to operate the airport.
   2. Upon filing the certificate, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of the dissolution shall vest in and be delivered to the county to which this subsection (d) applies.
   3. If within twelve (12) months of the dissolution, the county by resolution, votes to create a new municipal airport authority in the manner provided in this part, any grants or funds that had been given to or received by the previous, now dissolved, authority for its operation shall not be forfeited but for purposes of the funds or grants, the new authority created under this subdivision (d)(3) shall be deemed to be the named recipient authority of the funds or grants unless otherwise provided by specific language in the funds or grants.

Acts 1957, ch. 376, § 2; T.C.A., § 42-603; Acts 1996, ch. 624, §§ 1, 2; 2009, ch. 446, §§ 1, 2, 4.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2009 amendment inserted “by the governing body of the municipality” twice in the third sentence of (a)(1); and added (a)(2) and (d).

Effective Dates. Acts 2009, ch. 446, § 6. June 23, 2009.

Attorney General Opinions. Where a municipal airport authority was created by a city ordinance, that ordinance governs the number of commissioners and may be amended by the city legislative body, OAG 06-027 (2/8/06).

Dissolution of a municipal airport authority created under the Airport Authorities Act. OAG 16-14, 2016 Tenn. AG LEXIS 14 (4/5/2016).

42-3-104. Creation of regional airport authority — Changes as to municipalities served.

1. Authorization; Resolution; Appointment and Removal of Commissioners.
   1. Two (2) or more municipalities may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each municipality shall, pursuant to its resolution, appoint one (1) person as a commissioner of the authority; provided, that if the regional airport authority consists of an even number of municipalities, an additional commissioner shall be appointed by the governor.
   2. In addition to the procedure set forth in subdivision (a)(1), one (1) or more municipalities and one (1) or more counties may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each participating municipality and the governing body of each participating county shall, pursuant to its resolution, appoint two (2) persons as commissioners of the authority. When the appointed commissioners convene, their first item of business shall be to appoint one (1) additional commissioner. If the commissioners cannot agree on the appointment of the additional commissioner, that position shall be filled by appointment of the governor.
   3. In addition to the procedures set forth in subdivisions (a)(1) and (2), when three (3) or more municipalities and counties and at least one (1) political subdivision of another state jointly create and participate in a regional airport commission, then all such municipalities, counties, and the political subdivisions of another state who have participated in such regional airport commission, may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each participating municipality and the governing body of each participating county and the governing body of each political subdivision of another state shall, pursuant to its resolution, appoint the same number of persons as commissioners of the authority as existed in the regional airport commission. Such number of commissioners shall be specified in the certificate of incorporation.
   4. 1. A commissioner or all of the commissioners of an authority may be removed for incompetency, failure or neglect to perform the duties required by law, malfeasance, misfeasance, misconduct or corruption in office or for any other good and sufficient reason.
      2. If the governor makes an appointment pursuant to subdivision (a)(1) or (a)(2), the governor is authorized to remove the commissioner so appointed upon written charges and after a public hearing.
      3. The governing body of the municipality, county, political subdivision of another state or the commissioners of the regional airport authority, as appropriate, that made the original appointment or appointments pursuant to subdivision (a)(1), (a)(2) or (a)(3) are authorized to remove the commissioner or commissioners so appointed by a two-thirds (2/3) vote of the governing body of the municipality, county, political subdivision of another state or regional airport authority, as appropriate, upon written charges and after a public hearing.
      4. If removed, a vacancy shall exist on the authority of the commissioner or commissioners so removed and the vacancy shall be filled for the unexpired term by the governing body of the municipality, county, political subdivision of another state or the commissioners of the regional airport authority or the governor, as appropriate, in the same manner as in the case of the original appointment.
2. Increase in Municipalities Served.  A regional airport authority may be increased from time to time to serve one (1) or more additional municipalities if each additional municipality and each of the municipalities then included in the regional authority and the commissioners of the regional authority, respectively, adopt a resolution consenting to the increase; provided, that if a municipal airport authority for any municipality seeking to be included in the regional authority is then in existence, the commissioners of the municipal authority consent to the inclusion of the municipality in the regional authority; and provided further, that if the municipal authority has any bonds outstanding, that the holders of at least sixty percent (60%) of the bonds consent, in writing, to the inclusion of the municipality in the regional authority. Upon the inclusion of any municipality in the regional authority, all rights, contracts, obligations, and property, real and personal, of the municipal authority shall be in the name of and vest in the regional authority.
3. Decrease in Municipalities Served.  A regional airport authority may be decreased if each of the municipalities 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 the holders of at least sixty percent (60%) of the bonds consent to the decrease in writing.
4. Notice and Hearing as to Ordinances and Resolutions.  A municipality shall not adopt any ordinance or resolution authorized by this section without a public hearing. Notice of the hearing shall be given at least ten (10) days prior to the hearing in a newspaper published in the municipality, or, if there is no newspaper published in the municipality, then in a newspaper having general circulation in the municipality.
5. Term of Commissioners — Vacancies.  All commissioners of a regional airport authority created in accordance with subdivision (a)(1) or (a)(2) shall be appointed for terms of five (5) years each, except that a vacancy occurring other than by expiration of term shall be filled for the unexpired term in the same manner as the original appointments. Appointments at the expiration of a term shall be filled by the governing body of the participating municipality, the governing body of the participating county, or by the commissioners or the governor, as appropriate, that made the original appointments in accordance with subdivision (a)(1) or (a)(2).

Acts 1957, ch. 376, § 3; T.C.A., § 42-604; Acts 1991, ch. 486, § 1; 2009, ch. 446, §§ 3, 5; 2010, ch. 802, § 2; 2011, ch. 139, §§ 1, 2.

Amendments. The 2009 amendment added (a)(3); and added the last sentence of (e).

The 2010 amendment, in (a), added (3) and redesignated former (3) as present (4); and, in present (4), inserted “political subdivision of another state” twice in (C) and once near the end of (D), and substituted “subdivision (a)(1), (a)(2) or (a)(3)” for “subdivision (a)(1) or (a)(2)” near the middle of (C).

The 2011 amendment, rewrote the first sentence in (a)(3) which read: “In addition to the procedure set forth in subdivisions (a)(1) and (2), when three (3) or more municipalities and counties and at least one (1) political subdivision of another state jointly create and participate in a regional airport commission and a majority of such municipalities and counties, by resolution of each, recommend the creation of a regional airport authority, and upon each participating municipality and county and political subdivision of another state entering an interlocal agreement pursuant to title 12, chapter 9, part 1, that is approved by the attorney general and reporter before the interlocal agreement takes effect, then each participating municipality, county and political subdivision of another state shall, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation.”; and, in (e), inserted “created in accordance with subdivision (a)(1) or (a)(2)” in the first sentence and inserted the comma following “participating county” in the last sentence.

Effective Dates. Acts 2009, ch. 446, § 6. June 23, 2009.

Acts 2010, ch. 802, § 3. July 1, 2010.

Acts 2011, ch. 139, § 4. May 2, 2011.

42-3-105. Certificate of incorporation of regional airport authority.

1. Original Certificate.
   1. The commissioners of the regional airport authority shall present to the secretary of state an application signed by them, which shall set forth, without any detail other than mere recital:
      1. That the governing bodies (naming the municipalities) of the municipalities by ordinances or resolutions created a regional airport authority and thereafter appointed them as commissioners;
      2. The name and official residence of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office, and that they desire the municipal airport authority to become a public body and a body corporate and politic under this chapter;
      3. The term of office of each of the commissioners;
      4. The name that is proposed for the corporation; and
      5. The location of the principal office of the proposed corporation.

         The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that the officer personally knows the commissioners and knows them to be the officers as appointed in the application and that each subscribed and swore thereto in the officer's presence. The secretary of state shall examine the application and if the secretary of state finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state, or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall receive and file it and shall record it in an appropriate book of record in the secretary of state's office.

   2. When the application has been made, filed and recorded, as provided in subdivision (a)(1), the authority shall constitute a public body corporate and politic under the name proposed in the application and the secretary of state shall make and issue to the commissioners a certificate of incorporation, pursuant to this chapter, under the seal of the state and shall record the certificate with the application.
   3. Upon receiving the certificate of incorporation, the commissioners shall cause it to be placed of record in the register's office of each county in which is located one (1) or more of the participating municipalities.
2. Amended Certificate.  When a regional airport authority is increased or decreased pursuant to § 42-3-104, it shall forward to the secretary of state a certified copy of each resolution adopted pursuant to the increase or decrease and upon receipt of the resolution, the secretary of state shall issue an amended certificate of incorporation in accordance with the resolution, which amended certificate shall be placed of record in the county register's office of each county in which is located one (1) or more of the participating municipalities.

Acts 1957, ch. 376, § 4; T.C.A., § 42-605.

42-3-106. Proof of existence of authority.

1. Municipal Authorities.  In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a municipal airport authority, created pursuant to § 42-3-103, the municipal authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers under this chapter upon proof of the adoption by the municipality of the resolution creating the municipal airport authority, the appointment and qualification of the first commissioners of the authority, and of the issuance and recording of a certificate of incorporation. Duly certified copies of the resolution creating the authority, the certificates of appointment of the commissioners, and the certificate of incorporation shall be admissible in evidence in any suit, action, or proceeding.
2. Regional Authorities.  In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a regional airport authority, the regional airport authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers under this chapter upon proof of the issuance by the secretary of state of a certificate of incorporation of the regional airport authority. A copy of the certificate of incorporation, duly certified by the secretary of state, or by the county register in whose office the certificate of incorporation is recorded, shall be admissible in evidence in any suit, action, or proceeding.

Acts 1957, ch. 376, § 5; T.C.A., § 42-606.

42-3-107. Commissioners.

1. A commissioner of an authority shall receive no compensation for services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of the commissioner's duties.
2. Each commissioner shall hold office until a successor has been appointed and has qualified. The certificates of the appointment and reappointment of commissioners shall be filed with the authority.
3. The powers of each authority shall be vested in the commissioners of the authority. 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.
4. There shall be elected a chair and vice chair from among the commissioners. An 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 municipality or municipalities included in the authority or may employ its own counsel and legal staff. An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.

Acts 1957, ch. 376, § 6; T.C.A., § 42-607.

42-3-108. General powers — Motor vehicle traffic regulations.

1. An authority has all the powers necessary or convenient to carry out the purposes of this chapter (excluding the power to levy and collect taxes or special assessments) including, but not limited to, the power to:
   1. 1. Sue and be sued;
      2. Have a seal;
      3. Have perpetual succession; and
      4. Have such immunity in tort cases as do municipalities under the Municipal Airport Act, compiled in chapter 5 of this title;
   2. 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;
   3. Plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and air navigation facilities, within this state and within any adjoining state, including the acquisition, construction, installation, equipment, maintenance, and operation of such airports or 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 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 in property, including avigation easements and 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;
   4. Acquire by purchase, gift, devise, lease, eminent domain proceedings or otherwise, existing airports and air navigation facilities; provided, that an authority shall not acquire or take over any airport or air navigation facility owned or controlled by another authority, a municipality, or public agency of this or any other state without the consent of that authority, municipality, or public agency; and
   5. Establish or acquire and maintain airports in, over, and upon any public waters of this state or any submerged lands under public waters; and 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 of such structures.
2. Any authority that is operated by a board of commissioners whose membership is appointed by the legislative bodies of five (5) or more local governments has the power to promulgate, adopt, and enforce such motor vehicle traffic regulations for airport authority property as may be necessary to provide for the public safety.

Acts 1957, ch. 376, § 7; T.C.A., § 42-608; Acts 1988, ch. 501, § 1.

Cross-References. Immunity under Municipal Airport Act, § 42-5-122.

Attorney General Opinions. Because an airport authority has discretion to determine the fees applicable to businesses operating on its property when it enters into contracts or other agreements with those businesses, it may impose a fuel flowage fee as part of those agreements. An airport authority may enter into agreements that require non-profit entities to pay fuel flowage fees. OAG 18-32, 2018 Tenn. AG LEXIS 31 (7/20/2018).

Cited: Lewis v. Cleveland Mun. Airport Auth., 289 S.W.3d 808, 2008 Tenn. App. LEXIS 808 (Tenn. Ct. App. Sept. 11, 2008).

42-3-109. Eminent domain.

In the acquisition of property by eminent domain proceedings authorized by this chapter, an authority shall proceed in the manner provided by title 29, chapter 16. For the purpose of making surveys and examinations relative to eminent domain proceedings, it is lawful for the authority to enter upon the land, doing no unnecessary damage. Notwithstanding any other statute or other law, an authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings. The authority shall not be precluded from abandoning the proceedings in any case where possession of the property has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.

Acts 1957, ch. 376, § 8; T.C.A., § 42-609.

Cited: Midwestern Gas Transmission Co. v. Kirkham, — S.W.3d —, 2006 Tenn. App. LEXIS 118 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Webster, — S.W.3d —, 2006 Tenn. App. LEXIS 122 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Warren, — S.W.3d —, 2006 Tenn. App. LEXIS 123 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Walter, — S.W.3d —, 2006 Tenn. App. LEXIS 124 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Wallace, — S.W.3d —, 2006 Tenn. App. LEXIS 125 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Stephenson, — S.W.3d —, 2006 Tenn. App. LEXIS 126 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Rippy, — S.W.3d —, 2006 Tenn. App. LEXIS 127 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Carter, — S.W.3d —, 2006 Tenn. App. LEXIS 128 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Knight, — S.W.3d —, 2006 Tenn. App. LEXIS 129 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Dunn, — S.W.3d —, 2006 Tenn. App. LEXIS 130 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Fenimore, — S.W.3d —, 2006 Tenn. App. LEXIS 131 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Ingrum, — S.W.3d —, 2006 Tenn. App. LEXIS 132 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Lassiter, — S.W.3d —, 2006 Tenn. App. LEXIS 133 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Gregory, — S.W.3d —, 2006 Tenn. App. LEXIS 134 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Reese, — S.W.3d —, 2006 Tenn. App. LEXIS 135 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Camilla Jean Palmer Revocable Living Trust, — S.W.3d —, 2006 Tenn. App. LEXIS 136 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Law, — S.W.3d —, 2006 Tenn. App. LEXIS 137 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. McKee, — S.W.3d —, 2006 Tenn. App. LEXIS 138 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Pryor, — S.W.3d —, 2006 Tenn. App. LEXIS 139 (Tenn. Ct. App. Feb. 24, 2006); Midwestern Gas Transmission Co. v. Marcum, — S.W.3d —, 2006 Tenn. App. LEXIS 140 (Tenn. Ct. App. Feb. 24, 2006).

42-3-110. Disposal of airport property.

Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by § 42-3-114, an authority 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. 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 municipality 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.

Acts 1957, ch. 376, § 9; T.C.A., § 42-610.

Attorney General Opinions. Dissolution of a municipal airport authority created under the Airport Authorities Act. OAG 16-14, 2016 Tenn. AG LEXIS 14 (4/5/2016).

42-3-111. Bonds and other obligations.

1. 1. An authority has 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 public sale at not less than par. Revenue bonds may be issued for the above purposes and the authority may pledge as security for such bonds all or any portion of the landing fees, concession fees, rents, charges, or any other revenues derived from the operation of the airport. Revenue bonds shall be issued in accordance with the applicable provisions of title 9, chapter 21; provided, that any fees, rents, or charges so pledged that are fixed and established pursuant to the provisions of a lease or contract shall not be subject to revision or change except in such manner as is provided in such lease or contract. Any bonds of any authority issued pursuant to this chapter that are payable, as to principal and interest, solely from revenues of an airport or air navigation facility (and they shall so state on their face) shall not constitute a debt of any municipality, the state, or any political subdivision thereof other than the authority, and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the commissioners of an authority nor any person executing the bonds shall be liable personally thereon by reason of the issuance of the bonds.
   2. Notwithstanding subdivision (a)(1), the requirements of § 9-21-304 shall not apply to the issuance of revenue bonds by an authority hereunder, and any revenue bonds issued under this section without compliance with § 9-21-304 are hereby ratified and validated.
2. In case any of the commissioners or officers of an authority whose signatures appear on any bonds or coupons cease to be commissioners or officers after authorization but before the delivery of the bonds, the signatures shall nevertheless be valid and sufficient for all purposes, the same as if the commissioners or officers had remained in office until delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable.
3. Any bond reciting in substance that it has been issued by an authority pursuant to 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 for the bond, to have been issued pursuant to this chapter and for such purpose or purposes.
4. Bonds issued by an authority pursuant to this chapter are declared to be issued for an essential public and governmental purpose, and, together with interest on the bonds and income from the bonds, shall be exempt from all taxes.
5. 1. As used in this subsection (e), “airport” has the same meaning as defined in § 42-3-102 and includes:
      1. Any one (1) or more airports or heliports and related facilities, including land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots, and such other structures, facilities, and improvements necessary or convenient to the development and maintenance of airports and heliports, and for the promotion and accommodation of air and space travel, commerce, and navigation; and
      2. Any projects or improvements, or both, for which a regional airport authority formed pursuant to § 42-3-104(a)(3) would be eligible to receive grant funds from the federal aviation administration, or any comparable federal or state agency.
   2. In addition to subsections (a)-(d), any regional airport authority formed pursuant to § 42-3-104(a)(3) has the power to borrow money for any corporate purposes and issue revenue bonds for any corporate purposes, including revenue refunding bonds, in such form and upon such terms as the authority may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources. The bonds may be sold at public or private sale. Revenue bonds may be issued for any corporate purposes and the authority may pledge as security for the bonds all or any portion of concessions, fees, rents, charges, or any other revenues derived from the operation of an airport or air navigation facility. The payment or purchase of the revenue bonds may be additionally secured, in whole or in part, in the manner provided in this section, by a pledge of the full faith and credit and unlimited taxing powers of all or any of the participating municipalities and counties with respect to which the authority has been created. The revenue bonds or revenue refunding bonds shall be issued in the manner provided for revenue bonds issued by a local government in the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21; provided, that any such fees, rents, or charges so pledged that are fixed and established pursuant to a lease or contract are not subject to revision or change except in such manner as is provided in the lease or contract. Any bonds of any authority issued pursuant to this chapter that are payable, as to principal and interest, solely from revenues of an airport or air navigation facility, which the bonds shall state on their face, shall not constitute a debt of any municipality, the state, or any other political subdivision of the state, other than the authority or any participating municipality or county, or both, guaranteeing the payment or purchase of the bonds in the manner provided in this chapter, and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the commissioners of any authority nor any person executing the bonds shall be personally liable on the bonds by reason of the issuance of the bonds.
6. 1. The governing bodies of the participating municipalities or counties, or both, with respect to which a regional airport authority has been formed pursuant to § 42-3-104(a)(3), may, by resolution, pledge the full faith and credit and unlimited taxing power of the participating municipalities or counties, or both, as guarantors to the payment of the principal or premium, if any, and interest on bonds of an authority, the purchase price of any such bonds subject to optional or mandatory tender for purchase, or the reimbursement or repayment to any bank or financial institution under any agreement providing for any draw, borrowing, advance, or payment to be made for the payment of the principal, premium, interest, or purchase price.
   2. Prior to any meeting where the guarantee will be considered by any governing body of a participating municipality or a county, or both, a notice shall be published at least five (5) days in advance of the meeting in a newspaper of general circulation within the participating municipality or county, or both, as applicable, describing the matter to be considered and containing an estimate of the dollar amount of any contingent liability proposed to be undertaken by the participating municipality or county, or both.
   3. In the event of any such pledge of the full faith and credit and unlimited taxing power of the participating municipalities or counties, or both, any holder of the bonds, including a trustee for holders of the bonds or any financial institution providing any agreement on the payment of principal, premium, interest, or purchase price on the bonds shall have the right, in addition to all other rights, by mandamus or other suit, action, or proceeding in any court of competent jurisdiction, to enforce the holder's rights against the participating municipalities or counties, or both, so pledging, and the participating municipalities or counties, or both, and any officer, agent, or employee of the participating municipalities or counties, or both, including the right to require the participating municipalities or counties, or both, and governing bodies and any proper officer, agent, or employee of the participating municipalities or counties, or both, levy, and collect taxes and other revenues and charges adequate to carry out any agreement as to, or pledge of, the taxes, revenues, and charges. The taxes authorized to be pledged in this subdivision (f)(3) shall be levied without limit as to rate or amount upon all taxable property within the participating municipalities or counties, or both, providing the guaranty, and all such taxes to be levied are hereby declared to have been levied for county and corporation purposes, respectively, within the meaning of the Constitution of Tennessee, Article II, § 29.

Acts 1957, ch. 376, § 10; T.C.A., § 42-611; Acts 1980, ch. 601, § 11; 1988, ch. 750, § 48; 2014, ch. 698, § 1; 2017, ch. 128, § 1.

Compiler's Notes. Acts 2014, ch. 698, § 2 provided that the act, which amended this section, shall apply to all revenue bonds issued pursuant to § 42-3-111 irrespective of whether such revenue bonds are issued before or after April 15, 2014.

Amendments. The 2014 amendment added (a)(2).

The 2017 amendment added (e) and (f).

Effective Dates. Acts 2014, ch. 698, § 2. April 15, 2014.

Acts 2017, ch. 128, § 2. April 17, 2017.

Cross-References. Maximum effective rates of interest, § 47-14-103.

42-3-112. Operation and use privileges.

1. Operation by Authority.
   1. In connection with the operation of an airport or air navigation facility owned, leased or controlled by an authority, the authority may, except as may be limited by the terms and conditions of any grant, loan or agreement, enter into contracts, leases, agreements, grants or other arrangements for terms not to exceed fifty (50) years with any person or persons; provided, that the public is not deprived of its rightful use of the airport or air navigation facility:
      1. Granting the privilege of using or improving the airport or air navigation facility, including buildings or structures relating to the airport or air navigation facility, or real property acquired or set aside for such purposes, or any portion or facility of the airport or air navigation facility or space in the airport or air navigation facility for commercial purposes, establishing the charges, rentals or fees at a fixed or variable rate binding upon the parties for the full terms such contracts, leases, agreements, grants or other arrangements, which contracts, leases, agreements, grants or other arrangements may provide for the resolution of disputes arising thereunder or for the fixing of variable terms therein through arbitration or similar procedure;
      2. Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility;
      3. Making available services to be furnished by the authority or its agents at the airport or air navigation facility; and
      4. Determining the charges, rentals or fees for the use of any properties under its control, and the charges for any services or accommodations, and the terms and conditions under which the properties may be used, except that any charges, rentals and fees as may be fixed or determined by any contract, lease, agreement, grant or other arrangement of privileges, uses, services, accommodations or concessions to which the authority is a party or is the grantor, shall, if so expressly provided therein, be binding upon all parties thereto for the full terms prescribed therein, unless the same is sooner modified or terminated by mutual consent of the parties.
   2. In each case, the authority may establish the terms and conditions and fix the charges, rentals or fees for the privileges, uses or services or use of buildings or structures that shall be reasonable and uniform for the same class of privilege or services and shall be established with due regard to the property and improvements used and the expenses of operation to the authority; provided, that in no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility, or portion of such airport or facility.
2. Other Operation.  Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by § 42-3-114, 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 fifty (50) 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 that the authority might not have undertaken under subsection (a).

Acts 1957, ch. 376, § 11; T.C.A., § 42-612.

Attorney General Opinions. Because an airport authority has discretion to determine the fees applicable to businesses operating on its property when it enters into contracts or other agreements with those businesses, it may impose a fuel flowage fee as part of those agreements. An airport authority may enter into agreements that require non-profit entities to pay fuel flowage fees. OAG 18-32, 2018 Tenn. AG LEXIS 31 (7/20/2018).

Cited: Niswonger v. American Aviation, Inc., 424 F. Supp. 1080, 1976 U.S. Dist. LEXIS 16844 (E.D. Tenn. 1976).

42-3-113. Regulations — Scope — Conformity with state and federal law.

An authority is authorized to 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 air navigation facility owned by it or under its control. No rule, regulation, order or standard prescribed by the department shall be inconsistent with, or contrary to, any act of congress or any regulation promulgated or standard established pursuant thereto or be inconsistent with, or contrary to, any act of the general assembly or any regulation promulgated or standard established pursuant to such act. The authority shall keep on file at the principal office of the authority for public inspection a copy of all its rules and regulations.

Acts 1957, ch. 376, § 12; impl. am. Acts 1972, ch. 829, § 16; T.C.A., § 42-613.

42-3-114. Federal and state aid.

1. Acceptance Authorized; Conditions.  Except as otherwise provided by law, 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 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.
2. Department of Transportation as Agent for Authorities in Receiving Certain Federal Funds; Exceptions.
   1. The department shall act as agent for each authority for the purposes of applying for, receiving and disbursing federal funds made available pursuant to the former Airport and Airway Development Act of 1970, 84 Stat. 219, 49 U.S.C. 1970 ed., § 1701 et seq. [repealed], or any amendment thereto, unless an authority owns an airport having a minimum of twenty-five thousand (25,000) originating enplanements annually on regularly scheduled airline carriers as certified by the federal civil aeronautics board, in which event the authority may act as principal with respect to any airport owned by it, or may designate the department as its agent for the purposes mentioned in this subdivision (b)(1). All funds received by the department shall be deposited in the state treasury to be kept and disbursed in a manner consistent with federal requirements.
   2. Whenever the department acts as agent, it may do so for an individual authority or authorities acting jointly and the applicable provisions of § 42-2-203(c) shall apply under either circumstance.

Acts 1957, ch. 376, § 13; 1977, ch. 277, §§ 1, 2; T.C.A., § 42-614.

Compiler's Notes. The Airport and Airway Development Act of 1970, 84 Stat. 219, 49 U.S.C. 1970 ed. § 1701 et seq., referred to in this section, was repealed in 1982.

Cross-References. Application for federal funds, department of transportation to act as agent for municipalities and airport authorities, § 42-2-223.

42-3-115. Public purposes.

The acquisition of any land, or interest in land, pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation and protection of airports, air navigation facilities and avigation easements, including the acquisition or elimination of airport hazards and the exercise of any other powers granted in this chapter to authorities and other public agencies, to be severally or jointly exercised, are 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 declared to be acquired and used for public and governmental purposes and as a matter of public necessity.

Acts 1957, ch. 376, § 15; T.C.A., § 42-620.

Cited: Niswonger v. American Aviation, Inc., 424 F. Supp. 1080, 1976 U.S. Dist. LEXIS 16844 (E.D. Tenn. 1976).

42-3-116. Status of airport authorities — Property and revenues exempt from taxation.

1. It is declared that airport authorities created pursuant to this chapter are public and governmental bodies acting as agencies and instrumentalities of the creating and participating municipalities, and that the acquiring, operating, and financing of airports and related facilities by such airport authorities are for a public and governmental purpose and matters of public necessity.
2. The property and revenues of the authority or any interest in such property and revenues are exempt from all state, county, and municipal taxation.

Acts 1957, ch. 376, § 16; T.C.A., § 42-621; Acts 2020, ch. 680, § 1.

Amendments. The 2020 amendment rewrote the section which read: “Any property in this state acquired by an authority for airport purposes pursuant to this chapter, and any income derived by the authority from the ownership, operation or control of that property, shall be exempt from taxation to the same extent as other property used for public purposes.”

Effective Dates. Acts 2020, ch. 680, § 2. June 15, 2020.

42-3-117. Authority of municipal corporations.

For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of airports and air navigation facilities, and acquiring avigation easements pursuant to this chapter, any municipality 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 municipality for airport purposes, be transferred or paid directly to the airport authority as the funds become available to the municipality;
3. Cause water, sewer or drainage facilities, or any other facilities that it is empowered to provide, to be furnished adjacent to or in connection with airports or air navigation facilities;
4. Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges in property 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 airports or air navigation 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, constructing or operating of airports and air navigation facilities; and
7. Enter into agreements with the authority respecting action to be taken by the municipality pursuant to this section.

Acts 1957, ch. 376, § 17; T.C.A., § 42-622.

Attorney General Opinions. Dissolution of a municipal airport authority created under the Airport Authorities Act. OAG 16-14, 2016 Tenn. AG LEXIS 14 (4/5/2016).

42-3-118. Supplementary authority.

1. The powers conferred by this chapter are in addition to the powers conferred by any other law, and are not in substitution for such powers, and the limitations imposed by this chapter shall not affect powers conferred by any other law.
2. The powers granted by this chapter may be exercised without regard to requirements, restrictions, or procedural provisions contained in any other law or chapter, except as expressly provided in this chapter.
3. In addition to the general and special powers conferred by this chapter, every authority is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers.

Acts 1957, ch. 376, § 18; T.C.A., § 42-623; Acts 2011, ch. 139, § 3.

Amendments. The 2011 amendment added (a) and (b) and redesignated the former section as (c).

Effective Dates. Acts 2011, ch. 139, § 4. May 2, 2011.

Attorney General Opinions. Dissolution of a municipal airport authority created under the Airport Authorities Act. OAG 16-14, 2016 Tenn. AG LEXIS 14 (4/5/2016).

42-3-119. Municipal zoning authority unaffected.

Nothing contained in this chapter shall be construed to limit any right, power or authority of a municipality to regulate airport hazards by zoning.

Acts 1957, ch. 376, § 19; T.C.A., § 42-624.

42-3-120. Written agreement between peer-to-peer car sharing program and airport. [Effective on February 1, 2021.]

1. As used in this section, “peer-to-peer car sharing program” means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration.
2. If a peer-to-peer car sharing program conducts business at an airport or otherwise uses airport facilities, then the program shall enter into a written agreement with an airport, or the entity responsible for regulating commerce at the airport, within this state.

Acts 2020, ch. 796, § 3.

Effective Dates. Acts 2020, ch. 796, § 8. February 1, 2021.

Part 2
Joint Operations

NOTES TO DECISIONS

1. Airport.

Definition of “airport” is broad enough to include a hotel on airport land. Airport Inn v. Metropolitan Knoxville Airport Auth., 627 S.W.2d 949, 1981 Tenn. App. LEXIS 571 (Tenn. Ct. App. 1981).

NOTES TO DECISIONS

1. Non-agency.

Airport authority created pursuant to the Metropolitan Airport Authority Act, T.C.A. § 42-4-101 et seq., was not an agency of the city that created it; the Act contemplated that the authority constituted a separate and distinct entity, T.C.A. § 42-4-104, with the power to sue and be sued, among other powers, provided in T.C.A. § 42-4-107. City of Memphis v. Civil Serv. Comm'n of Memphis, — S.W.3d —, 2004 Tenn. App. LEXIS 895 (Tenn. Ct. App. Dec. 29, 2004), appeal denied, City of Memphis v. Civil Serv. Comm'n, — S.W.3d —, 2005 Tenn. LEXIS 589 (Tenn. June 20, 2005).

NOTES TO DECISIONS

1. Revenue Bonds.

The Metropolitan Knoxville Airport Authority had authority to issue revenue bonds for financing construction of a hotel on airport property. Airport Inn v. Metropolitan Knoxville Airport Auth., 627 S.W.2d 949, 1981 Tenn. App. LEXIS 571 (Tenn. Ct. App. 1981).

NOTES TO DECISIONS

1. Substantial Evidence.

Decision of the ALJ recommending that the decision of the Metropolitan Nashville Airport Authority (MNAA) be affirmed was supported by substantial and material evidence because the ALJ had the opportunity to observe both the employee and the subordinate as they testified and to assess their credibility, and in exercising its role as the finder of fact, the ALJ resolved the question of credibility in favor of the subordinate; the MNAA demoted the employee based on a determination that the employee abused her authority by attempting to have the subordinate conduct her job-specific testing, which she had previously failed. Keeler v. Metro. Nashville Airport Auth., — S.W.3d —, 2007 Tenn. App. LEXIS 584 (Tenn. Ct. App. Sept. 13, 2007), appeal denied, Keeler v. Metro Nashville Airport Auth., — S.W.3d —, 2008 Tenn. LEXIS 95 (Tenn. Feb. 4, 2008).

42-5-101. Short title.

This chapter shall be known and may be cited as the “Municipal Airport Act.”

Acts 1957, ch. 375, § 24; T.C.A., § 42-301.

Compiler's Notes. Former §§ 42-301 — 42-310 (Acts 1931, ch. 74, §§ 1-9; 1931, ch. 116, § 1; C. Supp. 1950, §§ 2726.10-2726.19; Williams, §§ 2726.13-2726.22) were repealed by Acts 1957, ch. 375, § 23.

Cross-References. Authority to regulate passenger transportation services, title 7, ch. 51, part 10.

Contracts and mutual aid agreements, § 6-54-601.

Financial assistance rendered by department to municipal airports, § 42-2-203.

Loans for airports, title 4, ch. 31, part 6.

Mutual aid agreements, § 6-54-307.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Airplanes and Airports, § 1.

Law Reviews.

Torts — Liability of Insured Municipality and Its Airport Lessee, 24 Tenn. L. Rev. 272.

Comparative Legislation. County and municipal airports:

Ala.  Code § 4-4-1 et seq.

Ark.  Code § 14-359-101 et seq.

Ga. O.C.G.A. § 6-3-1 et seq.

Ky. Rev. Stat. Ann. § 183.132 et seq.

Miss.  Code Ann. § 61-5-1 et seq.

Mo. Rev. Stat. § 305.300 et seq.

N.C. Gen. Stat. § 63-1 et seq.

Va. Code § 5.1-31 et seq.

Collateral References. 8 Am. Jur. 2d Aviation § 55 et seq.

2A C.J.S. Aeronautics and Aerospace §§ 20, 62, 64; 63 C.J.S. Municipal Corporations §§ 1058, 1059.

Liability of municipality for torts in connection with airport. 66 A.L.R.2d 634.

Liability of owner or operator of airport in connection with furnishing rescue equipment or services. 34 A.L.R.3d 1449.

Power to establish or maintain public airport. 161 A.L.R. 733.

Aviation 8, 9.

42-5-102. Chapter definitions.

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 combination of any or all of such facilities;
2. “Airport” means any area of land or water that is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements, 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 that 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. “Avigation easement” means any easement that includes all or any part of the following: the right to unobstructed and unrestricted flight of aircraft, in, through, and across the airspace over and above certain described land, beginning at the altitude or height above the surface of the land as determined by the municipality; the right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures, or facilities, and the growth of any trees or objects upon the real estate over, above and across the certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and the right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons thereon;
5. “Commissioner” means the commissioner of transportation;
6. “Department” means the department of transportation;
7. “Municipal” means pertaining to a municipality as defined in this section;
8. “Municipality” means any county, incorporated city, or incorporated town of this state; and
9. “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee or other similar representative thereof.

Acts 1957, ch. 375, § 1; 1977, ch. 471, § 2; T.C.A., § 42-302; Acts 1981, ch. 264, § 17.

42-5-103. Establishment of airports and air navigation facilities — Operation — Land acquisition.

1. Every municipality 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 such 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 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 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 airport or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards or to prevent the establishment of airport hazards.
2. 1. If the land for a proposed or planned airport is located outside the corporate limits of a municipality, then the municipality shall also gain approval from the county commission of the county where the land is located before proceeding with the acquisition of such land by eminent domain.
   2. 1. Subdivision (b)(1) shall not apply to any airport that has scheduled air passenger service and a control tower in existence or under construction upon April 27, 1995.
      2. Subdivision (b)(1) shall not be applicable to renovations, expansions or future renovations or expansions of airports in existence on January 1, 1995; provided, that the property to be used for the renovations or expansions is currently owned by the airport or is contiguous or adjacent to property currently owned by the airport.
      3. Subdivision (b)(1) shall apply to any airport not actually under construction on or before January 1, 1995.

Acts 1957, ch. 375, § 2; T.C.A., § 42-303; Acts 1995, ch. 148, §§ 1-4.

Attorney General Opinions. Constitutionality of 1995 amendment, OAG 95-078 (7/24/95).

42-5-104. Acquisition of existing airports.

The municipality may by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire existing airports and air navigation facilities; provided, that 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.

Acts 1957, ch. 375, § 2; T.C.A., § 42-304.

42-5-105. Establishment of airports 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 such public waters, and any artificial or reclaimed lands that 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 of any such airport.

Acts 1957, ch. 375, § 2; T.C.A., § 42-305.

Collateral References.

Prescriptive right-of-way for aircraft. 17 A.L.R.2d 1041.

42-5-106. 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.

Acts 1957, ch. 375, § 2; T.C.A., § 42-306.

42-5-107. Public purpose of airports.

Any airport so acquired, owned, leased, controlled or occupied by municipalities shall be and is declared to be acquired, owned, leased, controlled or occupied for a public purpose.

Acts 1957, ch. 375, § 2; T.C.A., § 42-307.

42-5-108. Eminent domain.

1. In the acquisition of property by eminent domain proceedings authorized by this chapter, the municipality shall proceed in the manner provided by title 29, chapter 16. For the purpose of making surveys and examinations relative to any eminent domain proceedings, it is lawful to enter upon any land, doing no unnecessary damage.
2. Notwithstanding any other statute or of any applicable municipal charter, the municipality may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings.
3. The municipality shall not be precluded from abandoning eminent domain proceedings in any case where possession of the property 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.

Acts 1957, ch. 375, § 3; T.C.A., § 42-308.

42-5-109. Disposal of airport property.

Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to § 42-5-119, 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, subject, however, to any contractual obligations with respect thereto. Disposal by sale, lease or otherwise shall be 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.

Acts 1957, ch. 375, § 4; 1961, ch. 322, § 1; T.C.A., § 42-309.

42-5-110. Operation and use privileges.

1. Municipal Operation.
   1. In operating an airport or air navigation facility owned, leased or controlled by a municipality, the municipality may, except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to § 42-5-119, enter into contracts, leases, agreements, grants or other arrangements for a term not exceeding fifty (50) years, with any person or persons, either exclusively or in common with others; provided, that the public is not deprived of its rightful use of the airport or facility:
      1. Granting the privilege of using or improving the airport or air navigation facility, including buildings or structures or any portion or facility thereof, relating thereto, or real property acquired or set aside for such purposes, or space therein for commercial purposes, establishing the charges, rentals or fees at a fixed or variable rate binding upon the parties thereto for the full term of the contracts, leases, agreements, grants or other arrangements;
      2. Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility;
      3. Making available services to be furnished by the municipality or its agents at the airport or air navigation facility; and
      4. Determining the charges, rentals or fees for the use of any properties under its control, and the charges for any services or accommodations, and the terms and conditions under which the properties may be used, except that any such charges, rentals and fees as may be fixed or determined by any contract, lease, agreement, grant or other arrangement or privileges, uses, services, accommodations or concessions to which the municipality is a party or is the grantor, shall, if expressly provided therein, be binding upon all parties thereto for the full term prescribed therein unless the term is sooner modified or terminated by mutual consent of the parties to such agreement.
   2. In each case, the municipality may establish the terms and conditions and fix the charges, rentals or fees for the privileges, uses or services, use of buildings or structures that are reasonable and uniform for the same class of privilege or service and are established with due regard to the property and improvements used and the expenses of operation to the municipality.
2. Other Operation.  Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to § 42-5-119, a municipality may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed fifty (50) years, the privilege of operating, as agent of the municipality or otherwise, any airport owned or controlled by the municipality; provided, that the airport shall be operated as a public airport and that the person shall not enter into any contracts, leases or other arrangements in connection with the operation of the airport that the municipality might not have undertaken under subsection (a).

Acts 1957, ch. 375, § 5; T.C.A., § 42-310.

42-5-111. Liens.

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 the property that are enforceable by the municipality as provided by § 66-21-101.

Acts 1957, ch. 375, § 6; T.C.A., § 42-311.

42-5-112. Delegation of authority to airport officer or board.

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; provided, that the expense of planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing shall be a responsibility of the municipality. Any officer or board or other municipal agency that, pursuant to §§ 42-5-101 — 42-5-110, formerly §§ 42-301 — 42-310, inclusive, as enacted by Acts 1955, ch. 6, prior to the repeal of those sections by Acts 1957, ch. 375, has, by municipal resolution or ordinance, been delegated such authority as in this section provided, has all power and authority as is authorized by this chapter for such officer or board or municipal agency.

Acts 1957, ch. 375, § 7; T.C.A., § 42-312.

42-5-113. Regulations and jurisdiction — Scope — Conformity to federal and state law.

1. 1. A municipality that has established or acquired, or that may hereafter establish or acquire, an airport or air navigation facility, is authorized to adopt, amend and repeal such reasonable ordinances, resolutions, rules and regulations and orders as it shall deem necessary for the management, government and use of the airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality. For the enforcement thereof, the municipality may, by ordinance or resolution, as may by law be appropriate, appoint airport guards or police, with full police powers and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations and orders. These penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced.
   2. 1. To the extent that an airport or other air navigation facility controlled or operated by a municipality pursuant to any arrangement, understanding, or agreement created or entered into pursuant to this chapter, the Metropolitan Airport Authority Act, compiled in chapter 4 of this title, or any other statutory provisions, is located outside the territorial limits of the municipality, it shall, subject to federal and state laws, rules, and regulations, be under the jurisdiction and control of the municipality controlling or operating it. Any vocation, occupation, business or business activity located or conducted upon the premises, grounds and/or property of any such airport or other air navigation facility shall be subject to being taxed both by any municipality or county in which the airport or other air navigation facility is actually located and by any municipality controlling or operating the airport or air navigation facility to the extent and in the manner provided by law.

      2. not less than  nor more than

         100,000 200,000

         450,000 550,000

         600,001

         according to the 1980 federal census or any subsequent federal census.

         1. Subdivision (a)(2) does not apply to counties having a population of between two hundred eighty-five thousand (285,000) and two hundred ninety thousand (290,000), according to the 1980 federal census.
         2. Subdivision (a)(2) does not apply to any county having a population of:
         3. Subdivision (a)(2) does not apply to any county having a metropolitan form of government.
         4. Subdivision (a)(2) does not apply to any municipality or county creating, controlling, or operating, in part, an airport or air navigation facility created, controlled, or operated, in part, by at least four (4) political subdivisions of this state and a political subdivision of an adjacent state, which airport is located outside the territorial limits of the municipality or county.
2. No ordinance, resolution, rule, regulation or order adopted by a municipality pursuant to this chapter shall be inconsistent with, or contrary to, any act of the Congress of the United States, or laws of this state, or to any regulations promulgated or standards established pursuant thereto.

Acts 1957, ch. 375, § 8; T.C.A., § 42-313; Acts 1983, ch. 466, §§ 1, 4-7.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

42-5-114. Appropriations and taxation.

1. 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.
2. Regardless of any limitation by general or special law or charter as to the amount or total of taxes that may be levied, taxes may be levied by the governing body of a municipality for the purposes of this chapter in excess of any such limitation; provided, that such amount in excess of the limitation is authorized by an ordinance or resolution referred to and approved by a majority of the voters of the municipality voting in an election to approve or disapprove the ordinance or resolution.
3. Nothing in this section shall be deemed to require or to have required an election to authorize the levy of ad valorem taxes, without limitation of rate or amount, for the payment of the principal of and interest on bonds or other obligations of a municipality issued for any of the purposes listed in § 42-5-115 when the provisions of any other section or chapter of this code, or any other general or special law or charter, under the authority of which such bonds or other obligations are or were issued, and the proceedings authorizing the issuance of such bonds taken pursuant thereto, provide for the levy of taxes, without limitation of rate or amount, for the payment of the principal of and interest on such bonds or other obligations.

Acts 1957, ch. 375, § 9; 1961, ch. 322, § 2; T.C.A., § 42-314.

42-5-115. Bond issues — Notes — Financing acquisition costs and improvements.

The cost of planning, acquiring, establishing, developing, constructing, enlarging, improving, maintaining or equipping an airport or air navigation facility, or the site therefor, including buildings, structures and other facilities incidental to the operation thereof or relating thereto, the acquisition of avigation easements, and the acquisition or elimination of airport hazards, may be paid for wholly or partly from the proceeds of the sale of bonds or other obligations of the municipality, as the governing body of the municipality shall determine. The bonds or other obligations may be issued by a county in accordance with title 5, chapter 11 [repealed] and by an incorporated city or incorporated town in accordance with title 7, chapter 36 [repealed]; provided, that any landing fees, concession fees, rents, charges, or any other revenues derived from the operation of an airport, pledged as security for the bonds, that are fixed and established by the provisions of a lease or contract, shall not be subject to revision or change during the term of such lease or contract except in the manner provided in the lease or contract.

Acts 1957, ch. 375, § 10; 1961, ch. 322, § 3; T.C.A., § 42-315.

Compiler's Notes. Title 5, ch. 11, referred to in this section, was repealed by Acts 1988, ch. 750, § 3.

Title 7, ch. 36, referred to in this section, was repealed by Acts 1988, ch. 750, § 22.

Cross-References. Bonds and notes issued by local governments, title 9, ch. 21.

Central business improvement districts, authority to issue bonds, §§ 7-84-105, 7-84-505, 7-84-518.

Collateral References.

Exclusiveness of method prescribed by statute or ordinance for enforcement of special assessment for public improvement or service. 88 A.L.R.2d 1250.

42-5-116. Validation of prior acquisitions, actions and bond issues.

1. Any acquisition of property previously made, within or without the limits of any municipality or the state, for the purposes authorized by this chapter, and any other action previously taken by a municipality in furtherance of those 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 the acquisition or action, is ratified and made valid.
2. All bonds and notes previously 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, the municipality is 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.

Acts 1957, ch. 375, § 11; T.C.A., § 42-316.

Cross-References. Bond issues validated, § 42-5-117.

42-5-117. Bond issues ratified and validated — Bonding power supplemental.

All bonds issued prior to March 17, 1961, and all proceedings taken by any municipality of this state prior to March 17, 1961, to authorize the issuance of bonds for airport purposes of whatsoever nature, including, but not limited to, the cost of planning, acquiring, establishing, developing, constructing, enlarging, improving, maintaining or equipping an airport or air navigation facility, or the site therefor, including the buildings, structures and other facilities incidental to the operation thereof or relating thereto, the acquisition of avigation easements and the acquisition or elimination of airport hazards, are ratified, validated and confirmed, and such bonds are declared to be valid and legally binding obligations payable in accordance with their terms, notwithstanding any lack of power of the governing body of the municipality to authorize and issue the bonds and provide for the payment thereof in the manner stated in the bonds and in the proceedings authorizing their issuance, and notwithstanding any defects or irregularities in any such proceedings or the failure of any such proceedings to comply with any of the provisions of this chapter known as the “Municipal Airport Act,” or with any of the provisions of any other section or chapter of this code or any other general or special law or charter. The power to issue bonds for airport purposes of whatsoever nature, conferred by this chapter, is declared to have been and to be, and shall be, in addition and supplemental to the powers conferred by any other section or chapter of this code or any other general or special law or charter, and none of the provisions of this chapter shall be deemed to have affected, or shall affect, the powers conferred by any other section or chapter of this code or any other general or special law or charter to issue bonds for airport purposes of whatsoever nature, and this chapter shall not be construed to have been, or to be, in substitution for the powers conferred by any other section or chapter of this code or any other general or special law or charter.

Acts 1961, ch. 322, § 6; T.C.A., § 42-331.

Collateral References.

Exclusiveness of method prescribed by statute or ordinance for enforcement of special assessment for public improvement or service. 88 A.L.R.2d 1250.

42-5-118. Application of airport revenues and sale proceeds.

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, may, subject to any contractual obligations with respect thereto, be used by a municipality for any municipal purpose, and any use thereof made prior to March 17, 1961, for any municipal purpose is ratified, validated and confirmed.

Acts 1957, ch. 375, § 12; 1961, ch. 322, § 4; T.C.A., § 42-317.

42-5-119. Federal and state aid.

1. Acceptance Authorized; Conditions.  Except as otherwise provided by law, 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. 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; and 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. Unless otherwise prescribed by the agency from which such moneys were received and except as otherwise provided by law, 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.
2. Department as Agent for Municipalities in Receiving Certain Federal Funds; Exceptions.
   1. The department shall act as agent for each municipality for the purposes of applying for, receiving and disbursing federal funds made available pursuant to the former Airport and Airway Development Act of 1970, 84 Stat. 219, 49 U.S.C., § 1701 et seq. [repealed], or any amendment thereto, unless the municipality owns an airport having a minimum of twenty-five thousand (25,000) originating enplanements annually on regularly scheduled airline carriers as certified by the federal civil aeronautics board, in which event the municipality may act as principal with respect to any airport owned by it, or may designate the department as its agent for such purposes. All funds received by the department shall be deposited in the state treasury to be kept and disbursed in a manner consistent with federal requirements.
   2. Whenever the department acts as agent, it may do so for an individual municipality or municipalities acting jointly and the applicable provisions of § 42-2-203(c) shall apply under either circumstance.

Acts 1957, ch. 375, § 13; 1977, ch. 200, §§ 1, 2; T.C.A., § 42-318.

Compiler's Notes. The Airport and Airway Development Act of 1970, 84 Stat. 219, 49 U.S.C. 1970 ed. § 1701 et seq., referred to in this section, was repealed in 1982.

Cross-References. Audits of municipalities receiving state aid, § 42-2-222.

Department of transportation as agent for municipalities in receiving certain federal funds, § 42-2-223.

42-5-120. Contracts.

A municipality may enter into any contracts necessary to the execution of the powers granted it, and for the purposes provided by this chapter.

Acts 1957, ch. 375, § 14; T.C.A., § 42-319.

42-5-121. Mutual aid.

If any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality or municipalities in exercising the powers and authority granted by this chapter, the municipality may furnish assistance by gift of real or personal property, or lease or loan thereof with or without charge or interest. In appropriating property or money and providing for assistance by taxation, the issuance of bonds, or other means, the municipality may exercise all of its powers as though used for its own direct purposes as provided in this chapter.

Acts 1957, ch. 375, § 15; T.C.A., § 42-320.

42-5-122. Public purpose — County and municipal purpose.

1. The acquisition of any land or interest in land 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 of avigation easements or the acquisition or elimination of airport hazards, and the exercise of any other powers granted by this chapter to municipalities and other public agencies, to be severally or jointly exercised, are 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 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 municipality, or its officers, agents, servants or employees, in or about the construction, maintenance, operation, superintendence, or management of any municipal airport.
4. Nothing in this section shall be construed to prohibit any action, suit, or proceeding by or on behalf of any holder of bonds of a municipality previously or hereafter issued for airport purposes of whatever nature, pursuant to this chapter, or pursuant to any other section or chapter of this code, or any other general or special law or charter.

Acts 1957, ch. 375, § 17; 1961, ch. 322, § 5; T.C.A., § 42-326.

42-5-123. Airport property and income exempt from taxation.

Any property in this state acquired by a municipality for airport purposes pursuant to this chapter, and any income derived by such municipality from the ownership, operation or control of that property, shall be exempt from taxation to the same extent as other property used for public purposes. 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 the other state authorizes similar exemptions from taxation to municipalities of this state.

Acts 1957, ch. 375, § 18; T.C.A., § 42-327.

42-5-124. Supplementary authority.

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.

Acts 1957, ch. 375, § 19; T.C.A., § 42-328.

42-5-125. Airport zoning authority unaffected.

Nothing contained in this chapter shall be construed to limit any right, power or authority of a municipality to regulate airport hazards by zoning.

Acts 1957, ch. 375, § 20; T.C.A., § 42-329.

42-5-126. Interpretation and construction.

This chapter shall be so interpreted and construed as to make uniform as 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.

Acts 1957, ch. 375, § 21; T.C.A., § 42-330.

Part 2
Joint Operations

NOTES TO DECISIONS

1. “Airport Hazard.”

Where a nightclub owner purchased a vacant nightclub and sought to reopen it as a topless club, the owner could not be denied a certificate of occupancy based on a local residential zoning designation of the area across the street; because an airport bought the property across the street, the county could not enforce the residential zoning designation under Tennessee's Airport Authorities Act, T.C.A. § 42-3-101 et seq., and no regulations other than those for hazard prevention could be enforced. Manhattan, Inc. v. Shelby County, — S.W.3d —, 2008 Tenn. App. LEXIS 136 (Tenn. Ct. App. Mar. 11, 2008).

Collateral References. 83 Am. Jur. 2d Zoning and Planning §§ 101, 102, 108.

Airport and airport sites, zoning regulations as affecting. 161 A.L.R. 1232.

Airport operations or flight of aircraft as constituting taking or damaging of property. 22 A.L.R.4th 863.

Construction of new building or structure on premises devoted to nonconforming use as zoning violation. 10 A.L.R.4th 1122.

Damages resulting from temporary conditions incident to public improvements or repairs as compensable taking. 23 A.L.R.4th 674.

Meaning of the term “hotel” as used in zoning ordinances. 28 A.L.R.3d 1240.

Measure and elements of damages or compensation for condemnation of public transportation system. 35 A.L.R.4th 1263.

Zoning regulations limiting use of property near airport as taking of property. 18 A.L.R.4th 542.

Aviation 5, 8, 9.

NOTES TO DECISIONS

1. Local Regulations.

Where a nightclub owner purchased a vacant nightclub and sought to reopen it as a topless club, the owner could not be denied a certificate of occupancy based on a local residential zoning designation of the area across the street; because an airport bought the property across the street, the county could not enforce the residential zoning designation under Tennessee's Airport Authorities Act, T.C.A. § 42-3-101 et seq., as no local regulations other than those for hazard prevention could be enforced in accordance with T.C.A. § 42-3-119 and T.C.A. § 42-6-103(a). Manhattan, Inc. v. Shelby County, — S.W.3d —, 2008 Tenn. App. LEXIS 136 (Tenn. Ct. App. Mar. 11, 2008).

Collateral References.

Applicability of zoning regulation to nongovernmental lessee of government-owned property. 84 A.L.R.3d 1187.

Application of zoning regulation to radio or television facilities. 81 A.L.R.3d 1086.

Applied to private and parochial schools below the college level. 74 A.L.R.3d 14.

Applied to public elementary and high schools. 74 A.L.R.3d 136.

Validity, construction, and effect of agreement to rezone, or amendment to zoning ordinance, creating special restrictions or conditions not applicable to other property similarly zoned. 70 A.L.R.3d 125.

Zoning or building regulations as applied to condominiums. 71 A.L.R.3d 866.

Zoning regulations as applied to private and parochial schools below the college level. 74 A.L.R.3d 14.

Zoning regulations creating and placing “floating zones.” 80 A.L.R.3d 95.

NOTES TO DECISIONS

1. Constitutionality.

This chapter does not violate due process or equal protection under the federal or state constitutions. Riggs v. Burson, 941 S.W.2d 44, 1997 Tenn. LEXIS 126 (Tenn. 1997), rehearing denied, — S.W.2d —, 1997 Tenn. LEXIS 174 (Tenn. 1997), cert. denied, 139 L. Ed. 2d 380, 118 S. Ct. 444, 522 U.S. 982, 1997 U.S. LEXIS 6925 (1997).

This chapter is not preempted by the Federal Aviation Act under the supremacy clause of the United States Constitution. Riggs v. Burson, 941 S.W.2d 44, 1997 Tenn. LEXIS 126 (Tenn. 1997), rehearing denied, — S.W.2d —, 1997 Tenn. LEXIS 174 (Tenn. 1997), cert. denied, 139 L. Ed. 2d 380, 118 S. Ct. 444, 522 U.S. 982, 1997 U.S. LEXIS 6925 (1997).

This chapter does not suspend general law in violation of Tenn. Const. art. XI, § 8. Riggs v. Burson, 941 S.W.2d 44, 1997 Tenn. LEXIS 126 (Tenn. 1997), rehearing denied, — S.W.2d —, 1997 Tenn. LEXIS 174 (Tenn. 1997), cert. denied, 139 L. Ed. 2d 380, 118 S. Ct. 444, 522 U.S. 982, 1997 U.S. LEXIS 6925 (1997).

Collateral References. Aviation 2, 8.

NOTES TO DECISIONS

1. Nonconforming Use.

T.C.A. § 13-7-208 did not authorize a heliport operator to maintain a nonconforming use after the enactment of this chapter, since that provision is specifically excluded under T.C.A. § 42-8-103. Riggs v. Burson, 941 S.W.2d 44, 1997 Tenn. LEXIS 126 (Tenn. 1997), rehearing denied, — S.W.2d —, 1997 Tenn. LEXIS 174 (Tenn. 1997), cert. denied, 139 L. Ed. 2d 380, 118 S. Ct. 444, 522 U.S. 982, 1997 U.S. LEXIS 6925 (1997).