KRS § 183.133 — KY Code / Title XV / Chapter 183 / Section 183.133
183.133 Purpose, duties and powers of the board -- Rules and regulations, publication -- Enforcement -- Promotion of facilities
Status: in_force

183.133 Purpose, duties and powers of the board -- Rules and regulations,

publication -- Enforcement -- Promotion of facilities.

(1) The purpose of the board shall be to establish, maintain, operate, and expand

necessary, desirable or appropriate airport and air navigation facilities. It shall have

the duty and such powers as may be necessary, or desirable to promote and develop

aviation, including air transportation, airports and air navigation facilities.

(2) The board shall establish and fix reasonable rates, charges and fees for the use of

the landing area, ramps and other common aviation facilities. In fixing such rates,

charges or fees the board may take into consideration, among other factors, the total

capital investment by the board or other local or state governmental authority, the

revenue needed properly to maintain such facilities, the revenue needed properly to

expand the airport and its facilities, the portion of the facilities utilized by the

licensee or contracting party and its customers and the volume and type of business

conducted. Any party aggrieved by the rates, charges or fees may appeal from the

action of the board to the Circuit Court of the county within which the board

operates, within ninety (90) days from the date that the board finally publishes such

rates, charges or fees and gives notice of same to the contracting party or licensee.

The Circuit Court may hear evidence and determine whether or not the rates,

charges or fees are, or are not, reasonable in amount. Appeal from the judgment of

the Circuit Court may be prosecuted as any other civil appeal.

(3) The board shall likewise have power, from time to time, to fix rates, charges or fees

by contract, or by publishing general rates, charges or fees for commercial vendors,

concessionaires or other persons for the use or occupancy of terminal or other

ground use facilities, under such terms or conditions as it may deem to be in the

best interest of maintaining, operating or expanding necessary airport or air

navigation facilities, and the public use thereof.

(4) The board may acquire by contract, lease, purchase, gift, condemnation or otherwise

any real or personal property, or rights therein, necessary for establishing, operating

or expanding airports and air navigation facilities. The board may erect, equip,

operate and maintain on such property, buildings and equipment necessary,

desirable or appropriate for airport or air navigation facilities. The board may

dispose of any real or personal property, or rights therein, which, in the opinion of

the board are no longer needed for operating or expanding the airport or air

navigation facilities.

(5) The board or any other governmental unit may by resolution reciting that the

property is needed for airport or air navigation purposes direct the condemnation of

any property, including navigation or other easements. The procedure for

condemnation shall conform to the procedures set out in the Eminent Domain Act

of Kentucky.

(6) The board or any other governmental unit may from time to time make, adopt and

enforce such rules, regulations and ordinances as it may find necessary, desirable or

appropriate for carrying into effect the purposes of this chapter, including those

relating to the operation and control of the airport, airport facilities or air navigation

facilities owned or operated by such board or such other governmental unit. All

rules, regulations and ordinances adopted pursuant to this section shall be published

according to the provisions of KRS 424.130, and the board or other governmental

unit adopting them shall keep a permanent record of such rules, regulations and

ordinances available for public inspection, on the airport premises. Prosecution for a

violation of any rule, regulation or ordinance adopted pursuant to this section shall

be in the District Court of any county within which the airport is located.

(7) Any board may engage in activities to promote, encourage or develop the use of

airports or air navigation facilities under its control and any board which has

members thereof appointed by the Governor shall be assisted in such activities by

the state Cabinet for Economic Development if it requests such assistance from the

cabinet.