Municipal Airports Actestablish airports and landing lieltts. Vounties, citau�
'state, may either `,dividually or by the joint action of a Aunty and one
'(1) or more of th !ties and towns -within its border acqu, by gift, deed,
purchase or condemnation, land for airport or landing field purposes and
thereon establish, construct, own, control, lease, equip, improve, operate,
and regulate airports or landing fields for the use of airplanes and other
aircraft, and may use for such purpose or purposes any property suitable
therefor that now or may at any time hereafter be acquired, owned or
controlled by such county, city or town.
.. -Jrn addition, a county, city or town may do the acts authorized by this
section by acting jointly, with one or more counties, with one or more
cities,' with one or more towns or any combination of such counties, cities
or towns. Such airport need not be located within the limits of each sub-
division participating in the joint venture, in whole or in part.
History: En. See. 1, Ch. 108, L. 1929; 20 C.T.S. Counties § 169.
amd. Sec. 1, Ch. 5-1, L. 1.941; amd. Sec. 1, 8 Am. Tur. 2d 670, Aviation, § 51 et seq.
'Ch. $8, L. 1961.
Cross -Reference
Power of city to acquire landing field
see. 11-986.
Collateral References
CountiesC=-107; Municipal Corporation
G�718.
Right to use part: property for airport,
63 ALR 484 and 141 ALP, 486.
Aeroplanes and' aeronautics generally.
69 ALR 316, 83 ALR 333 and 99 ALR 173.
Power to establish or maintain public
airport, or to create separate public air-
port authority. 361 ALR 733.
s Zoning regulations as affecting airports
and airport sites. 161 ALI%. 1232,
1-802, _(5668.36) Lana when deemed acquired.for public use —exercise
power of eminent domain. Any lands acquired, owned, controlled or oc-
cupied* by any county, city or town, individually or pursuant to joint action
as herein provided for the purposes enumerated in section 1-801, shall and
are hereby declared to be acquired, owned, controlled and occupied for a
public use, and as a matter of public necessity, and such counties, cities and
.towns, whether acting individually or jointly shall have the right to acquire
property for such purposes under the power of eminent domain as and
for a public use or necessity.
History: En. Sec. 2, 'Ch. 108, L. 1929; Collateral References
amd. Sec. 2, Ch. 54, L. 1941; amd. Sec. 2, CountiesC-103; Municipal Corporations
Ch. 88, L. 1961. «223.
20 C.T.S. Counties § 165.
ZoOf-803. (5668.37) Creation of board to govern airport—fees----rund for
maintenance -rules and regulations. The county, city or town, acting
individually or acting jointly as herein authorized by section 1-801, having
established an airport or landing field and acquired property for such
purpose, may construct, improve, equip, maintain, and operate the Same,
and for that purpose may create a board or body from the inhabitant`s of
such county, city or town, or such Joint subdivisions of the state for -the
purpose of con erring upon them and may confer upon them the jurisdic-
tion for the improvement, equipment, maintenance and operation of such
airport or landing field. The board of county commissioners, the city or
town council, as the case may be, or the board of county commissioners
and the -council or .counctls_.under. a joint--enture may ado t rules and
establish fps o1 chargesorthe use of such"airport or laridin2beld, o may
authdfiae such board or body,to do so, subject; however, to the a proval
of the appointing power before the same shall take effect. All .expenses
of such construction, improvement, equipment, maintenance and operation
shall be a charge against such county, city or town, or, when a county, city
or town acts jointly under the authority herein given, such charges shall be
against the joint subdivisions of the state, and shalt: be apportioned accord-
ing to benefits to accrue, the proportion to be paid by each to be fixed in
advance by joint resolution of the governing bodies.
For the purpose of meeting the charges hereinbe£ore mentioned when
the airport or landing field is such joint venture, a joint fund shall be
created and maintained into which each of the political subdivisions inter-
ested shall deposit its proportionate share in accordance with the pre-
determination of the board of county commissioners and council,. or
councils, affected.
All. disbursements from such fund shall be made by order of such joint:
board or body, if one be created as hereinabove autlorized, otherwise
under such rules and regulations as the joint control by the 'commissioners
and council or councils may adopt. '
History: En. Sec. 3, Ch. 108, L. 1929; 2 C.T.S. Aerial Navigation § 9. a'
amd. Sec. 3, Ch. 54, L. 1941; amd. Sec. 3,
Ch. 88, L. 2961. Power to establish or maintain public
airport, or to create separate public air -
Collateral References port authority. 161 ALR 733.
AviationC-31. " "
,=
i
1-804. (5668.38) Tax levy for establishment and operatiolz of airports.
r w
For the purpose of establishing, constructing, equipping, maintaining and
f,k
operating airports and landing fields under the provisions of this fret the
county commissioners or the city or town council may each year assess and
levy in addition to the annual levy for general administrative purposes
°T
or the all-purpose levy authorized by sections 84-4701.1 and 84-4701.2, a
r
tax of not to exceed two (2) mills on the dollar of taxable value of the
E;N
property of said county, city or town. In the event of a jointly established
airport or landing field, the county commissioners and the council or coun-
oils involved shall determine in advance the levy necessary for such pur-
poses and the proportion each political subdivision joining in the venture
shall pay, provided that no property within any political subdivision shall
=_>
be subject to a tax pursuant to this section at an annual rate in excess of ?
„.
two (2) mils. Provided, that if it be found that the levy hereby authorized
will be insufficient for the purposes herein enumerated, the commissioners 1
and councils acting are hereby authorized and empowered to contract an, j
x
indebtedness on behalf of such county, city or town, as the case may be,
upon .the credit thereof by borrowing money or.issuing bonds for such
purposes, provided that no money may be borrowed and no bonds may be
�.
issued for such purpose until the proposition has been submitted to the
qualified electors, and a majority vote to be east therefor, except that
for the purpose of establishing a reserve fund to resurface, overlay, or im.
prove existing runways, taxiways and ramps, said governing bodies may
set up annual reserve funds in their annual budget, provided said reserve
,
is approved by the governing bodies during the normal budgeting pro-
cedure. Provided further that the necessity to resurface or improve said
runways by overlays or similar methods every so many years is based upon
competent engineering' estimates, and provided that said funds 'are expend-
ed at least within each ten (10) year period. Said fund shall not exceed at
,.
any time a competent engineering estimate of the cost of resurfacing or
.
overlaying the existing runways, taxiways and ramps, of any one airport for
each said fund. The governing body of said airport, if in its judgment
`f
deems it advantageous, may invest the fund in any interest -bearing depos-
_ {
its in a state or national ban1: insured by the F.13.I.C. or obligations of i:he
United States of America, either short-term or lung -terns. Interest earned
from such investments shall be credited to the operations and maintenance
budget of said airport governing body: The above provisions, notwithstand-
.
in- other budget control measures, and clue to the uniqueness of -the subject
: _ A
matter, are hereby declared necessary in the interests of the public health.
-~ -
and safety.
� + +
History: En. Sec. 4, Ch. 108, L. 1929;
The 1973 amendment inserted "or the
amd. Sec. 4, Ch. 54, L. 1941; amd. Sec. 1;
Ch. 5-1, L. 1945; amd. Sec. 1, Ch. 122, L.
all-purpose levy authorized by sections
84-4701.1 and 84-4701.2" in the first sen-
y
1069; amd. Sec. 16, Ch. 158, L. 1971; amd.
tence; substituted the proviso at the end
Sec. 3, Ch. 501, L. 1973.
of the second sentence for `based upon
=`w
Amendments
the benefits it is determined each shall
derive from the project"; and mado a
The 1969 amendment added the provi-
minor change 4n phraseology. .
-
sions authorizing governing bodies of air-
ports to set up annual reserve funds in
Repealing Clause
-
their annual budget to resurface, overlay
Section 2 of Ch. 122, Laws 1969 repealed
or improve existing runways, taxiways
all acts and parts of aets in conflict there-
<w
and ramps.
with.
The 1971 amendment substituted "quali-
''-
fled electors" for "taxpayers affected there-
Debt Limit
-� .;
by" in the proviso re]ating to bond elec-
'Board of county commissioners which
4 . "
tions.
overtaxed taxpayers in one year in order
T:`"
32
MUNICIPAL AIRPORTS ACT
to provide a fund out of which expenses
for capital improvements and remodeling
of airport, which expenses exceeded $24-
Ooo, clearly violated Art. YIII, § 5, 1889
Montana Constitution by incurring a
liability for over,10,000 without the ap-
proval of a majority " the electors of
the county; county was not able to argue
that "no indebtedness or liability" had
1-805. Repealed.
Repeal
Section 1-805 (See. 5, Ch. 108, L. 1929;
Sec. 51
Ch. 54, L. 1911), relating to valida-
tion of 'previous contracts and tax levies
1-808
been created because the money was al-
ready on hand. Extraordinarily high levy
created a "reserve fund" to be used for
capital improvements which is not allow-
able due to restriction in this section of
reserve funds to improvement of surfaces
of runways or ramps. Burlington Northern
Inc. v. Flathead County, — M —, 512 P
2d 710.
by local units for municipal airport pur-
poses, was repealed by Sec. 107, Ch. 348,
Laws 1974.
1.805.1. Validation of previous contracts and tax levies-1971 act. All
levies and expenditures heretofore made and engagements entered into
by counties, cities, or towns for the purposes contemplated by chapter
8, Title 1, R.C.M. 1947, as amended, and all elections held in counties,
cities or towns for the purpose of creating indebtedness for such purposes,
wherein a majority of the vote cast was in favor of such indebtedness,
whether such counties, cities and towns were acting individually or jointly,
under the authority of this act, are hereby validated and declared legally
created, entered into and made, and all evidence of such indebtedness
is declared to be a legal obligation of the county, city or town wherein such
a majority vote has been cast in favor of such indebtedness.
History: En. Sec. 1, Ch. 278, L. 1971.
Title of Act
An act validating and declaring legal
all levies and expenditures heretofore made
and engagements entered into by coun-
ties, cities or towns for the purposes of
the Municipal Airport Act and all elections
held in counties, cities or towns for the
purpose of creatine, indebtedness for such
purposes wherein a majority of the vote
cast was in favor of such indebtedness;
and providing for an effective date.
Effective Date
Section 2 of Ch. 278, Laws 1971 pro-
vided the act should be in effect from and
after its passage and approval. Approved
March 10, 1971.
1-806. (5668.40) Construction of act. Nothing in this act shall be con-
strued as repealing section 11-986.
History: En. Sec. 6, Ch. 108, L. 1929. Collateral References
YunieipaI Corporations0-222.
1-807. Department of highways may assist municipalities in construct-
ing roads to airports. The department of highways may, upon written
application. of the governing body of a municipality, assist the municipality
t, construction, reconstruction, maintenance,
in the location, establishmen
and improvement of highways and roads to and from municipal airports
and field development of them. The department of highways shall lend
its equipment, machinery, technical services and supervision to the mu-
nicipality, under agreements made with each municipality.
History: En. Sec. i, Ch. 120, L. 1939;
amd. Sec. 39, Ch. 3482 L. 1974.
Amendments
The 1974 amendment substituted refer-
ences to the department of highways for
references to the highway connmssion
throughout; and made minor changes in
punctuation and phraseology.
1-808. Definitions. Unless the context requires otherwise, in sections
1-SOS through 1-S28 the definitions in section 1-102 apply.
33
... .. ___.. ....�v'�/'=c. fvieC.i��.:csr�� .:u�l X�t+"Y:� % _,G`f'rv:v�YF .D...^ kv:i�'o.4itd'..`r.-r�f.'�.•,.,,..K`N-C,�dj. s.-��7E'Y�
1-309. General powers of municipalities in the establishment, acquisl-
tion, operation and maintenance of airports and air navigation facilities.
(a) Establishment, operation, land acquisition. 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 navi-
gation facilities, either within or without the territorial limits of such
inunicip:llit.y alld -,vitllin or without the territorial boundaries of this state,
including the construction, installation, equipment, maintenance and opera-
tion 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 other-
wise, acquire property, real or personal, or lily interest therein including
easements in airport hazards or land outside the boundaries of all 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 ob-
struetion-Iigliting of airport hazards or to prevent the establishment of air-
port hazards. m airports. The municipality may, by pur-
(b) Acquisition of existint,
chase, gift, devise, lease, eminent domain proceedings or otherwise, acquire
igation facilities, provided however it shall
existing airports and air navirport or air navigation facility owned or
not acquire or take over any a
controlled by another municipality or public agency of this or any other
state without the consent of such municipality or public agency.
(c) Establishment of airports on public waters and reclaimed lands.
For the purposes of this act, a municipality may establish or acquire and
maintain, within or bordering upon the territorial limits of the munici-
pality, airports in, over and upon, any public waters of this state, any sub-
merged .lands under such public waters, and any artificial or reclaimed
lands which before the artificial making or reclamation thereof, constituted
a portion of the subiuerbed binds under such public waters; and may con-
struct and maintain terminal buildings, landing floats, causeways, roadways
and bridges for approaches to or connecting with any such airport, and
landing floats and breakwaters for the protection thereof.
(d) Limitation on design and operation of air navigation facilities. All
air navigation facilities established or operated by municipalities shall be
supplementary.to and co-ordinated in design and operation with those estab-
lished and operated by the federal and state governments.
13istory: En. Sec. 2, Ch. 288, L. 1947. Collateral References
I•Iunicipal CorporationsC�223.
63 C.J.S. Municipal Corporations § 959.
Eminent domain. In the acquisition of property by eminent
domain proceedingsauthorized by this act, the municipality shall proceed
in the manner provided by the laws governing eminent domain of the state
Of Montana. The municipality shall not be precluded from abandoning such
proceedings in any case where possession of the property has not been
taken.
:history: En. Sec. 3, Ch. 288, L. 1947. Collateral References
Eminent Domaina-17.
29A. C.J.S. Eminent Doznain § 62.
1-811. Disposal of airport property. Except as may be limited by the
terms and conditions of any grant, loan, or agreement pursuant to section
1-818, every municipality may by sale, lease or otherwise, dispose of any
airport, air navigation facility or other property, or portion thereof or in-
terest therein, acquired pursuant to this act. Such 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
u
of the mnicipality or agency of the state or federal government for aero-
nautical purposes incident thereto, the sale, lease, or other disposal may be
efrected in such manner and upon such terms -is the governing body of the
nlunicipalit.y may deem in the best interest of the municipality.
History: En. Sec. 4, Ch. 288, L. 1947. Collateral References
Municipal Corporationsa-225 (3).
63 C.J.S. Municipal Corporations § 967.
er
S.
id
:i-
b-
d
!d
-s
d
Il
le
1-812. Operation and use privileges. (a) Under municipal operation.
In operating an airport or air navigation facility owned, leased or con-
trolled by a municipality, such municipality may, except as may be limited
by the terms and conditions of any grant, loan, or agreement pursuant to.
section 1-815, enter into contracts, leases and other arrangements . for a
term not exceeding twenty years with any persons (1) granting the privi-
lcbe of using or improving such airport or air navigation facility or any
portion or facility- thereof, or space therein for commercial purposes; (2)
conferring the privilege of supplying goods, commodities, things, services or
facilities at such airport or air navigation facility; or (3) making available
services to be .furnished by the municipality or its agents at such airport or
air navigation facility. -
In each case the municipality may establish the terms and conditions
and fit the charges, rentals or fees for the privileges or services, which shall
be reasonable and : uniform for the same class of privilege or service and
shall be established with due regard to the property and improvements used
and the expenses of operation to the municipality.
(b) Under other operation. Except as may be limited by the terms
and conditions of any grant, loan, or agreement pursuant to section 1-818,
a municipality may by contract, lease or other arrangement, .upon a con-
sideration fixed- by it, grant to any qualified person for a term not to exceed
twenty (20) years the privilege of operating, as agent of the municipality
or otherwise, any airport owned or controlled by the municipality; pro- .
vided that no such person shall be granted any authority to operate such an
airport other than as a public airport or to enter into any contracts, leases,
or other arrangements in connection with the operation of the airport which
the municipality might. not have undertaken under subsection (a) of this
section'.
History: En. See. 5, Ch. 288, L. 1917.
Airport Manager as Agent
Where in a lease of hangar facilities at
a city and county airport, the parties
named one of the lessees as airport man-
ager, it '%vas apparent that the parties had
this section in mind and the use of the
word "manager" implied that he ♦vas to
be the agent of the airport commission.
Barovich v. City of Miles City, 135 M
394, 340 P 2d 819.
1-813. Liens. To enforce the payment of any charges for repairs or
improvements to or storage or care of, any personal property made or fur-
nished by the municipality or its agents in connection with the operation of
an airport or air navigation facility owned or operated by the municipality,
the municipality shall have liens on such property, which shall be enforce-
able by the municipality as provided by law.
History: En. See. 6, Ch. 288, L. 1947.
1-814. Delegation of authority to airport officer or board. Any author-
ity vested by this act in a municipality or in the governing body thereof,
for the planning, establishment, development, construction, enlargement, im-
i provemeht,'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, however, that the expense of such
Planning, establishment, development, construction, enlargement, improve-
• ment, maintenance, equipment, operation, regulation, protection and polic-
in- shall be a responsibility of the municipality.
i History: En. Sec. 7, Ch. 288, L. 1947.
41
t
f
1-815. cgulations and ju nsaiction. (a) Scopt X. -municipality, -which
has established or acquired or which may hereafter establish or acquire an
airport or air navigation facility, is authorized to adopt, amend and repeal
such reasonable ordinances, resolutions, rules, regulations and orders as
it shall deem necessary for the management, government and use of such
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
aforesaid ordinances, resolutions, rules, regulations and orders. Said penal-
ties shall be enforced in the same manner in -which penalties prescribed by
other ordinances, or resolutions of the municipality are enforced. To the
extent that an airport or other air navigation facility controlled and oper-
ated by a municipality is located outside the territorial limits of the mu-
nicipality, it shall, subject to federal and state laws, rules and regulations,
be under the jurisdiction and control of the municipality controlling or
operating it, and no other municipality shall have any authority to charge
or exact a license fee or occupation tab for operations thereon.
(b) Conformity to federal and state law. All ordinances, resolutions,
rules, regulations or orders -which are issued by the municipality shall be
kept in substantial conformity with the laws of this state or any regula-
tions promulgated or standards established pursuant thereto, and, as nearly
as may be, with the federal laws governing aeronautics and the rules, regu-
lations and standards duly issued thereunder.
History: En. Sec. 8, Ch. 288, L. 1947.
1-816. Appropriations and taxation. The governing body of any niu�
nicipality having power to appropriate and raise money, is hereby author-
ized to appropriate, and to raise by taxation or otherwise, sufficient moneys
to carry out the provisions and purposes of this act, -within the limitations
prescribed by law.
History: En. Sec. 9, Ch. 288, L. 1947.
References
State Y. Hale, 129 311 449, 291 P 2d 229,
235.
Collateral References
Municipal Corporations0-860, 962.
64 C.J.S. Municipal Corporations §§ 1836,
1993.
1-817. 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, shall be de-
posited in a special fund to be designated the "..... .........................Airpor
Fund," -which revenues shall be appropriated solely to, and used by th
municipality for, the purposes authorized by this act.
History: En. Sec. 10, Ch. 288, L. 1947.
1-818. Federal and state aid. (1) A municipality may accept, re-
ceive, receipt for, disburse, and spend federal and state moneys and other
moneys, public or private, made available by grant or loan or both to
accomplish any of the purposes of sections 1-SOS through 1-828. All federal
moneys accepted under this section shall be accepted and spent by thel
municipality upon terms and conditions prescribed by the United States
and consistent with state law. All state moneys accepted under this sectio
shall be accepted and spent by the municipality upon terms and condi
tions prescribed by the state. Unless other -wise prescribed by the agent
from -which the moneys were received, the chief financial officer of th
municipality shall, on its behalf deposit and keep all moneys receive
pursuant to this section in separate fonds designated according to th
purposes for which the moneys were made available, in trust for those
purposes. l
(2) No application may be made by a municipality for federal aid, as
provided in this section, unless the "project application," as defined in,
the Federal Airport Act of 1946 and regulations of the administrator of
civil aeronautics, are first approved by the department.
(3) A municipality may, with the approval and consent of the de-
partment, designate the department as its agent to accept, receive, receipt 1
for, and disburse federal and state moneys, and other moneys, public or
private, made available by grant or loan or both to accomplish any of
the purposes of sections 1-808 through 1-825. A municipality may, with
the consent of the department, designate the department as its contracting for and supervisingagent in
the planning, acquisition, development,
construction, improvement, or equipment of an airport or other air
navigation facility. All contracts made, let, or awarded by the department
acting as agent of a municipality under this section, shall be made, let,
or awarded pursuant to the laws governing tIte making of contracts by
34
or on behalf of the state. The municipality niay enter into an agreement
with the lalf department, providing for payment to the department for services
rendered as agent and prescribing the terms and conditions
Unite of tile aStat s,
in accordance with terms and conditions prescribed by
if federal money is involved, and under this chat wit], by I el�departmentlicable esliall
All federal money saccepted
be accepted and transferred or spent by the department upon terms by the
conditions prescribed by the United States. All moneys received ea
cicpartnicnt under this subsection shall thbeade deposited
cy nn t thech
It unless otherwise prescribed by
e funds
wed according to
ere received, shal�i h tbe I�cpt in separ Ile mo ey-s were made available, tand held by the
the purposes for �v
state in trust for those purposes. (1) and (3) for ,this act substituted
History: En. Sec. 11, Ch. 283, L. 1947; references to the department for refer-
amd. Sec. 41, Ch. 348, L. 1974. onces to the aeronautics commission
throughout subsection (3); and made
Autendments
ti Thel-808 ain through t su 4nisu ed "s i s and plO asec n es in st}le, punctuation
ns
y.
1-819. Mutual aid. If any municipality determines that the public
interest and the interests of the municipality will be served by assisting
A3
any other municipality or municipalitiesin
lcising tile may £urnishoassistanc by
au-
thority granted by this act,
such gift of real or personal property, or lease or loan thereof with or without
charge or interest. In appropriating such property or money and providing
means, the
for such assistance by taxation, the issuance of bonus °� other
its o 'direct
municipality may exercise all of its powers as thous
purposes as provided in this act.
History: En. Sec. 12, Ch. 288, 1, 1947.
1.820. Contracts. A municipality
lity mayenter
into and £oxl the purposes pro-
vided to the executioof the powers granted
by this act.
1-821. Joint operations. (a) Authorization. For the purposes of this
section, unless otherwise qualified, the term "public agency" includes mu-
nicipality, as defined in this act, any agency of the state government and of
the 'United States, and any municipality, political subdivision and agency of
another state; and the term "governing body" means the governing body
Of a county or municipality, and the head of the agency if the public
agency is other than a county or municipality. All powers, privileges and
authority .granted to any municipality by this act may be exercised and
enjoyed jointly with any public agency of this state, and jointly with any
public agency of any other state or of the United States to the extent
that the laws of such other state or of the United States permit such
joint exercise or enjoyment. If not otherwise authorized by law, any agency
of the state government when acting jointly with any municipality, may
exercise and enjoy all of the powers, privileges and authority conferred
by this act upon a municipality.
(b) Agreement. Any two or more public agencies may enter into agree-
ments with each other for joint action pursuant to the provisions of this
section. Concurrent action by ordinance, resolution or otherwise of the
governing bodies of the participating public agencies shall constitute joint
action. Each such agreement shall specify its duration, the proportionate
interest which each public agency shall have in the property, facilities and
privileges involved, the proportion to be borne by each public agency of
preliminary costs and costs of acquisition, establishment, construction, cn-
largeient, improvement, and equipment of the airport or air navigation
facility, the proportion of the expenses of maintenance, operation, regula-
tion and protection thereof to be borne by each, and such other terms as are
required by the provisions of this section. The agreement may also provide
for: amendments thereof, and conditions and methods of termination of the
agreement; the disposal of all or any of the property, facilities and priv-
ileges jointly owned, prior to or upon said property, facilities and priv-
ileges, or any part thereof, ceasing to be used for the purposes provided in
this act, or upon termination of the agreement; the distribution of the pro-
ceeds received upon any such disposal, and of any funds or otlier property
jointly owned and undisposed of; the assumption or payment of any in-
debtedness arising from the joint venture which remains unpaid upon the
44
1-822 AERONAUTICS
ownership, control and operation of any airport or air navigation facility
under the jurisdiction of the joint board shall be paid into the joint fund.
Disbursements from such fund shall be made by order of the board, subject
to the limitations prescribed in subsection (d) of this section.
History: En. Sec. 14, Ch. 288, L. 1947. ' Collateral References
References AviationC-211.
Baro.-ich v. City of Miles City, 135 It 2 C.J.S. Aerial Navigation § 37.
394,y340 P 2d 819.
J 822. Public purpose, county and municipal purpose.. The acquisition
of any land or iiiterest. therein pursuant to this act,' the planning, acquisi-
tion, establishment, development, construction, improvement, maintenance,
equipment, operation, regulation, protection and policing of airports and air
navigation facilities, including the acquisition or elimination of airport
hazards, and the exercise of any other powers herein granted to municipal-
ities and other public agencies, to be severally or jointly exercised, are here-
by 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 govern-
mental; and in the case of any municipality other than a county, are de-
clared to be municipal functions and purposes as well as public and govern-
mental. 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 act, shall, and are hereby declared to be
acquired and used for public and governmental purposes and as a matter
of public necessity, and, in the case of a county or municipality, for county
or municipal purposes, respectively.
History: En. See. 15, Ch. 288, L. 1947. itself result in any waiver of sovereign ini-
Immunitr from Suit munity from Iiability for personal injuries
sustained by plaintiff m-hen she slipped
A municipality is immune from suit for and fell on floor of municipal airport:
injuries resulting from the maintenance or owned by the city and leased to defend -
operation of an airport. Barovich V. City ant airline. Holland v. 'Western Airlines,
Of Miles Cit.V, 135 BI 391, 3-10 P 2d 819; Inc., 15-1 P Stipp 457, 461.
Holland v. :Western Airlines, Inc., 154 P
Supp 457, 459. References
Liability Insurance State v. Hale, 126 lI 326, 249 P 2d 495;
State v. Hale, 129 M 449, 291 P 2d 229,
The fact that the city had obtained a 235.
policy of liability insurance did not in
1-823. Airport property and income exempt from taxation. Any prop-
erty in this state acquired by a municipality for airport purposes pursuant
to the provisions of this act, and any income derived by such municipality
from the ownership, operation or control thereof, sliall 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 air-
port purposes, and any income derived from such property, to the extent
that such other states authorize similar exemptions from taxation to mu-
nicipalities of this state.
History: En. Sac. 16, Ch. 288, L. 1917. 84 C.J.S. Taxation § 254; 85 C.J.S. Taxa-
Celiateral References tion § 1098.
ToxationC-217, 1018.
46