reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 2 - Transportation › Chapter 3. UNIFORM STATE AERONAUTICS LAW › § 309. Dangerous flying; penalty.

§ 309. Dangerous flying; penalty.
Whoever, being an airperson or passenger, while in flight over a thickly inhabited area or over a public gathering within this State, engages in trick or acrobatic flying, or in any acrobatic feat, or, except while in landing or taking off, flies at such a low level as to endanger the persons on the surface beneath, or drops any object except loose water or loose sand ballast, shall be fined not more than $500 or imprisoned not more than 1 year, or both.
33 Del. Laws, c. 199, §  9;  Code 1935, §  5784;  2 Del. C. 1953, §  309;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 575, §  13;
2023 Delaware Code › Title 2 - Transportation › Chapter 3. UNIFORM STATE AERONAUTICS LAW › § 310. Hunting from aircraft; penalty.

§ 310. Hunting from aircraft; penalty.
Whoever, being an airperson or passenger, while in flight within this State, intentionally kills or attempts to kill any birds or animals, shall be fined not more than $100 or imprisoned not more than 6 months, or both.
33 Del. Laws, c. 199, §  10;  Code 1935, §  5785;  2 Del. C. 1953, §  310;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 575, §  13;
2023 Delaware Code › Title 2 - Transportation › Chapter 3. UNIFORM STATE AERONAUTICS LAW › § 311. Uniformity of interpretation.

§ 311. Uniformity of interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.
33 Del. Laws, c. 199, §  11;  Code 1935, §  5786;  2 Del. C. 1953, §  311;
2023 Delaware Code › Title 2 - Transportation › Chapter 3. UNIFORM STATE AERONAUTICS LAW › § 312. Aiming the beam of a laser pointer at an aircraft prohibited; unclassified misdemeanor.

§ 312. Aiming the beam of a laser pointer at an aircraft prohibited; unclassified misdemeanor.
(a) A person is guilty of aiming the beam of a laser pointer at an aircraft when the person knowingly shines, points, or focuses the beam of a laser pointer at an aircraft while it is in the process of taking off, in flight, or landing.
(b) This section does not prohibit aiming the beam of a laser pointer at an aircraft by any of the following:
(1) An individual conducting research and development or flight testing for an aircraft manufacturer or the Federal Aviation Administration.
(2) A member of the United States Department of Defense or the United States Department of Homeland Security acting in an official capacity during an activity related to research and development, flight testing, or training.
(3) A law-enforcement officer acting in an official capacity.
(4) Individuals playing laser tag, utilizing paintball guns, or other similar games or devices using light emitting diode (LED) technology.
(5) An individual attempting to make the individual's location known.
(6) An individual attempting to give a warning signal.
(c) Aiming the beam of a laser pointer at an aircraft is an unclassified misdemeanor. The mandatory fine shall not exceed $575. This fine shall not be suspended.
(d) The venue for the issuance of an arrest warrant for and the prosecution of a violation of this section is the county in which the aircraft took off prior to such violation, in or over which the violation occurred, or in which the aircraft lands subsequent to such violation. The jurisdiction for a violation of this section is as stated in § 204 of Title 11.
80 Del. Laws, c. 70, §  2;
2023 Delaware Code › Title 2 - Transportation › Chapter 5. AIRCRAFT OPERATION › § 501. Adoption of Federal Aviation Regulations governing aircraft operations.

§ 501. Adoption of Federal Aviation Regulations governing aircraft operations.
The federal government has enacted laws (Part A of Subtitle VII of Title 49 of the United States Code, as amended) and promulgated regulations concerning the operation of aircraft. The rules and regulations governing aviation are published in the Federal Aviation Regulations issued by the Federal Aviation Administration of the U.S. Department of Transportation. These regulations, as published and as subsequently amended, are hereby accepted and adopted as the laws of Delaware governing aircraft operation.
Code 1935, c. 167;  45 Del. Laws, c. 301, §  1(11);  2 Del. C. 1953, §  501;  70 Del. Laws, c. 575, §  15;
2023 Delaware Code › Title 2 - Transportation › Chapter 5. AIRCRAFT OPERATION › § 502. Use of alcohol or drugs in connection with aircraft operations.

§ 502. Use of alcohol or drugs in connection with aircraft operations.
The State recognizes the serious hazard to safe aircraft operations and to the public resulting from the impairment of an airperson's faculties due to the use of alcohol or drugs. In conformity with Parts 61, 65 and 91 of the Federal Aviation Regulations, upon reasonable suspicion that an airperson may be acting under the influence of alcohol or drugs or be in possession of illegal drugs, the airperson shall submit to alcohol and/or drug testing administered by the Delaware State Police. Test results shall be forwarded to the Federal Aviation Administration by the Department.
70 Del. Laws, c. 575, §  16;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 2 - Transportation › Chapter 6. OBSTRUCTIONS IN AIRPORT APPROACH AREAS › § 602. Erection or maintenance of obstructions; prohibitions.

§ 602. Erection or maintenance of obstructions; prohibitions.
(a) A building permit issued by the county or municipality having land use jurisdiction, after review and approval as provided herein, shall be required for the construction, erection, placement or alteration of any smokestack, tree, silo, flagpole, elevated tank, power line, radio or television tower, antenna, building, structure or other improvement to real property which meets any of the following conditions:
(1) Is greater than 200 feet in height above ground level;
(2) Is greater in height than an imaginary trapezoidal shape, beginning at the end of a runway of a public use airport, at an initial width of 50 feet, and extending outward and upward at a slope of 100:
1 for a distance of 20,000 feet, to a width of 3,000 feet at its ending point;
(3) Is located within the runway approach area of each public use airport in the State; or
(4) Otherwise constitutes an obstruction as defined in this title or acts as an obstruction to the operation of aircraft as those terms are defined by Federal Aviation Regulation (FAR) Part 77.
(b) Such building permit for each such object or structure will not be issued until such time as the Department of Transportation through the Office of Aeronautics has reviewed and approved the application. The Department of Transportation, through the Office of Aeronautics, shall respond to the county or municipality having land use jurisdiction regarding any objections it has to the issuance of a building permit within 30 days of receipt of such permit for review.
(c) In order to provide safe aircraft approach areas to airport runways, the Department may, after notice and a hearing, enter upon any lands or improvements located thereon which are situated in said airport approach areas and may remove obstructions to aviation. Owners of obstructions that were erected prior to the enactment of or in compliance with this chapter are entitled to compensation for the removed obstruction and/or any damages incurred in the removal thereof from funds applicable to aeronautics and administered by the Office of Aeronautics. The process for condemnation of real property or improvements thereon under this chapter as required by applicable law and constitutional provisions shall be governed by the procedures set forth in Chapter 61 of Title 10 and Chapter 95 of Title 29.
(d) In order to ensure that new structures are not erected that pose potential obstruction hazards, it shall be unlawful to erect any new structure or add to any existing structure if such structure is thereby made to extend more than 200 feet above ground level at its site without giving prior notice to and obtaining prior approval from the Department.
70 Del. Laws, c. 575, §  17;
2023 Delaware Code › Title 2 - Transportation › Chapter 6. OBSTRUCTIONS IN AIRPORT APPROACH AREAS › § 603. Erection or maintenance of obstructions; penalties.

§ 603. Erection or maintenance of obstructions; penalties.
Whoever constructs, erects, places or alters any obstruction without first obtaining a building permit as required in this chapter shall, upon being found liable therefore in a civil proceeding, be fined an amount not exceeding $1,000. Each day's continuation of a violation of this section shall be deemed a separate and distinct offense, all of which may be brought together in a single action.
70 Del. Laws, c. 575, §  17;
2023 Delaware Code › Title 2 - Transportation › Chapter 7. STATE AIRPORTS › § 701. Authority to establish, acquire and operate.

§ 701. Authority to establish, acquire and operate.
(a) The Department may, on behalf of and in the name of this State, within the limitation of available appropriations, acquire by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property real or personal, for the purpose of establishing and constructing airports, restricted landing areas, and other air navigation facilities, and acquire in like manner, own, control, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and police such airports, restricted landing areas, and other air navigation facilities, either within or without this State. It may make, prior to any such acquisition, investigations, surveys, and plans; and may erect, install, construct, and maintain at such airports facilities for the servicing of aircraft and for the comfort and accommodation of air travelers, and may dispose of any such property, airport, restricted landing area, or any other air navigation facility, by sale, lease, or otherwise, in accordance with the laws of this State governing the disposition of other like property of the State.
(b) The Department shall not, however, acquire or take over any airport, restricted landing area or other air navigation facility owned or controlled by a political subdivision without the consent of such political subdivision.
(c) The Department may erect, equip, operate, and maintain on any airport buildings and equipment necessary and proper to establish, maintain, and conduct such airport and air navigation facilities connected therewith.
Code 1935, c. 167;  45 Del. Laws, c. 301, §  11(1);  2 Del. C. 1953, §  701;  57 Del. Laws, c. 671, §  12;
2023 Delaware Code › Title 2 - Transportation › Chapter 7. STATE AIRPORTS › § 702. Acquisition of easements and airport protection privileges.

§ 702. Acquisition of easements and airport protection privileges.
Where necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports and restricted landing areas acquired or operated under this chapter, the Department may acquire, in the same manner as is provided for the acquisition of property for airport purposes, easements through or other interests in air space over land or water, interests in airport hazards outside the boundaries of the airports or restricted landing areas, and such other airport protection privileges as are necessary to insure safe approaches to the landing areas of the airports and restricted landing areas, and the safe and efficient operation thereof. It may also acquire, in the same manner, the right or easement, for a term of years or perpetually, to place or maintain suitable marks for the daytime marking and suitable lights for the nighttime marking of airport hazards, including the right of ingress and egress to or from such airport hazards for the purpose of maintaining and repairing such lights and marks. This authority shall not be so construed as to limit the right, power, or authority of the State or any political subdivision to zone property adjacent to any airport or restricted landing area pursuant to any law of this State.
Code 1935, c. 167;  45 Del. Laws, c. 301, §  11(2);  2 Del. C. 1953, §  702;  57 Del. Laws, c. 671, §  12;
2023 Delaware Code › Title 2 - Transportation › Chapter 7. STATE AIRPORTS › § 703. Joint operations.

§ 703. Joint operations.
The Department may engage in all the activities specified in §§ 701 and 702 of this title jointly with the United States, other states, and with political subdivisions or other agencies of this State.
Code 1935, c. 167;  45 Del. Laws, c. 301, §  11(3);  2 Del. C. 1953, §  703;  57 Del. Laws, c. 671, §  12;
2023 Delaware Code › Title 2 - Transportation › Chapter 7. STATE AIRPORTS › § 704. Condemnation.

§ 704. Condemnation.
(a) The Department may exercise the right of eminent domain, in the name of the State, for the acquisition of real property for public purposes, for the purpose of acquiring any property which it is authorized by this title to acquire by condemnation. In such cases, whenever the Department cannot agree with the owner of any land, building, franchise, easement, or other property necessary to be taken, it may institute condemnation proceedings in accordance with Chapter 61 of Title 10.
(b) The right of eminent domain herein granted extends to and includes the right to acquire the fee simple title to land, or an easement, or a right-of-way in, to, over or above such land or property as the Department deems necessary in making adequate and practical provisions for the removal of obstructions of any nature whatsoever in approaches to an airport or landing field.
(c) In the determination of the compensation to be paid in any condemnation proceeding authorized by this section, there shall be paid either the value of the property and facilities taken or the cost of any changes in or relocation of the property and facilities, whichever is higher.
(d) The fact that the property so needed has been acquired by the owner under power of eminent domain shall not prevent its acquisition by the Department by the exercise of the right of eminent domain herein conferred.
(e) For the purpose of making surveys and examinations relative to any condemnation proceeding, it is lawful to enter upon any land, doing no unnecessary damage.
Code 1935, c. 167;  45 Del. Laws, c. 301, §  11(4);  2 Del. C. 1953, §  704;  57 Del. Laws, c. 671, §  12;
2023 Delaware Code › Title 2 - Transportation › Chapter 7. STATE AIRPORTS › § 705. Leases and sales.

§ 705. Leases and sales.
(a) The Department may lease for a term not exceeding 10 years, such airports, or other air navigation facilities or real property acquired or set apart for airport purposes, to private parties, any municipal or state government or the national government, or any department of either thereof, for operation or use consistent with the purposes of this chapter.
(b) The Department may lease or assign for a term not exceeding 10 years to private parties, any municipal or state government or the national government, or any department of either for operation or use consistent with the purposes of this chapter, space, area, improvements or equipment on such airports.
(c) The Department may sell any part of such airports, other air navigation facilities or real property to any municipal or state government, or to the United States or any department or instrumentality thereof, for aeronautical purposes or purposes incidental thereto.
(d) The Department may confer the privilege of concessions of supplying upon the airports, goods, commodities, things, services and facilities.
(e) No lease, sale, assignment or privilege conferred under this section shall deprive the public of its rightful, equal and uniform use thereof.
Code 1935, c. 167;  45 Del. Laws, c. 301, §  11(5);  2 Del. C. 1953, §  705;  57 Del. Laws, c. 671, §  12;
2023 Delaware Code › Title 2 - Transportation › Chapter 7. STATE AIRPORTS › § 706. Charges and rentals; lien.

§ 706. Charges and rentals; lien.
The Department may determine the charges or rental for the use of any properties and the charges for any service or accommodations under its control and the terms and conditions under which these properties may be used. No charge or rental under this section shall deprive the public of its rightful, equal, and uniform use of such property. Charges shall be reasonable and uniform for the same class of service and established with due regard to the property and improvements used and the expenses of operation to the State. The State shall have and the Department may enforce liens, as provided by law for liens and the enforcement thereof, for repairs to or improvement or storage or care of any personal property, to enforce the payment of any such charges.
Code 1935, c. 167;  45 Del. Laws, c. 301, §  11(6);  2 Del. C. 1953, §  706;  57 Del. Laws, c. 671, §  12;
2023 Delaware Code › Title 2 - Transportation › Chapter 7. STATE AIRPORTS › § 707. Department's functions and powers governmental.

§ 707. Department's functions and powers governmental.
The acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition of any airport protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment and operation of airports and other air navigation facilities, whether by the State separately or jointly with any political subdivision or subdivisions; the assistance of this State in any such acquisition, establishment, construction, enlargement, improvement, maintenance, equipment and operation; and the exercise of any other powers herein granted to the Department are public and governmental functions, exercised for a public purpose, and matters of public necessity, and such lands and other property and privileges acquired and used by the State in the manner and for the purposes enumerated in this chapter shall and are to be acquired and used for public and governmental purposes and as a matter of public necessity.
Code 1935, c. 167;  45 Del. Laws, c. 301, §  12(1);  2 Del. C. 1953, §  707;  57 Del. Laws, c. 671, §  12;
2023 Delaware Code › Title 2 - Transportation › Chapter 7. STATE AIRPORTS › § 708. Tort liability.

§ 708. Tort liability.
No action or suit sounding in tort shall be brought or maintained against the State or any political subdivision, or the officers, agents, servants or employees of the State or any political subdivision, on account of any act done in or about the construction, maintenance, enlargement, operation, superintendence or management of any airport or other air navigation facility.
Code 1935, c. 167;  45 Del. Laws, c. 301, §  12(1);  2 Del. C. 1953, §  708;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter I. Establishment and Administration › § 901. Interpretation and construction.

§ 901. Interpretation and construction.
This chapter shall be so interpreted and construed as to make uniform so 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 aeronautics.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  16;  2 Del. C. 1953, §  901;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter I. Establishment and Administration › § 902. Public purpose and necessity.

§ 902. Public purpose and necessity.
The acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition of airport protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment and operation of airports and other air navigation facilities, and the exercise of any other powers herein granted to political subdivisions, are public, governmental, county and municipal functions, exercised for a public purpose, and matters of public necessity, and such lands and other property, easements and privileges acquired and used by such political subdivisions in the manner and for the purposes enumerated in this chapter shall and are to be acquired and used for public, governmental, county and municipal purposes and as a matter of public necessity.
Code 1935, c. 167;  45 Del. Laws, c. 300, §§  3, 13;  2 Del. C. 1953, §  902;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter I. Establishment and Administration › § 903. Authority to establish, acquire and operate airports.

§ 903. Authority to establish, acquire and operate airports.
Every political subdivision may, through its governing body, acquire property, real or personal, for the purpose of establishing, constructing and enlarging airports and other air navigation facilities and may acquire, establish, construct, enlarge, improve, maintain, equip, operate and regulate such airports and other air navigation facilities and structures and other property incidental to their operation, either within or without the territorial limits of the political subdivision and within or without this State; may make, prior to any such acquisition, investigations, surveys and plans; may construct, install and maintain airport facilities for the servicing of aircraft and for the comfort and accommodation of air travelers; and may purchase and sell equipment and supplies as an incident to the operation of its airport properties. It may not, however, acquire or take over any airport or other air navigation facility owned or controlled by any other political subdivision of the State without the consent of such political subdivision. It may use for airport purposes any available property that is now or may at any time hereafter be owned or controlled by it. Such air navigation facilities as are established on airports shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  2(1);  2 Del. C. 1953, §  903;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter I. Establishment and Administration › § 904. Establishment of airports on waters and reclaimed land.

§ 904. Establishment of airports on waters and reclaimed land.
(a) The powers granted in this chapter to a political subdivision to establish and maintain airports shall include the power to establish and maintain such airports in, over and upon any public waters of this State within the limits or jurisdiction of or bordering on the political subdivision, any submerged land under such public waters, and any artificial or reclaimed land which before the artificial making or reclamation thereof constituted a portion of the submerged land under such public waters, and as well the power to construct and maintain terminal buildings, landing floats, causeways, roadways and bridges for approaches to or connecting with the airport, and landing floats and breakwaters for the protection of any such airport.
(b) All the other powers granted in this chapter to political subdivisions with reference to airports on land are granted to them with reference to such airports in, over and upon public waters, submerged land under public waters, an artificial or reclaimed land.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  10;  2 Del. C. 1953, §  904;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter I. Establishment and Administration › § 905. Means of acquiring airport property.

§ 905. Means of acquiring airport property.
(a) Property needed by a political subdivision for an airport or restricted landing area, or for the enlargement of either, or for other airport purposes, may be acquired by purchase, gift, devise, lease or other means if such political subdivision is able to agree with the owners of the property on the terms of the acquisition, and otherwise by condemnation in the manner provided in § 906 of this title. Full power to exercise the right of eminent domain for such purposes is granted every political subdivision both within and without its territorial limits.
(b) The right of eminent domain granted in this section extends to and includes the right to acquire the fee simple title to land, or an easement, or a right-of-way in, to, over or above such land or property as the political subdivision deems necessary in making adequate and practical provisions for the removal of obstructions of any nature in approaches to an airport or landing field.
(c) The fact that the property needed has been acquired by the owner under power of eminent domain shall not prevent its acquisition by the political subdivision by the exercise of the right of eminent domain herein conferred.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  2(2);  2 Del. C. 1953, §  905;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter I. Establishment and Administration › § 906. Condemnation.

§ 906. Condemnation.
(a) Whenever the political subdivision cannot agree with the owner of any land, building, franchise, easement or other property necessary to be taken, the political subdivision may institute condemnation proceedings in accordance with Chapter 61 of Title 10.
(b) In the determination of the compensation to be paid in any condemnation proceeding authorized by this section, there shall be paid either the value of the property and facilities taken or the cost of any changes in or relocation of the property and facilities, whichever is higher.
(c) For the purpose of making surveys and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  2(2);  2 Del. C. 1953, §  906;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter I. Establishment and Administration › § 907. Acquisition of easements and airport protection privileges.

§ 907. Acquisition of easements and airport protection privileges.
Where necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports or restricted landing areas acquired or operated under the provisions of this chapter, every political subdivision may acquire, in the same manner as is provided for the acquisition of property for airport purposes, easements through or other interests in air spaces over land or water, interests in airport hazards outside the boundaries of the airports or restricted landing areas and such other airport protection privileges as are necessary to insure safe approaches to the landing areas of the airports or restricted landing areas and the safe and efficient operation thereof. Every political subdivision may also acquire, in the same manner, the right or easement, for a term of years or perpetually, to place or maintain suitable marks for the daytime marking and suitable lights for the nighttime marking of airport hazards, including the right of ingress and egress to or from such airport hazards, for the purpose of maintaining and repairing such lights and marks. This authority shall not be so construed as to limit any right, power or authority to zone property adjacent to airports and restricted landing areas under any laws of this State.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  2(3);  2 Del. C. 1953, §  907;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter I. Establishment and Administration › § 908. Validation of prior acquisition of airport property.

§ 908. Validation of prior acquisition of airport property.
Any acquisition of property within or without the limits of any political subdivision for airports and other air navigation facilities, or of airport protection privileges, heretofore made by any political subdivision in any manner, together with the conveyance and acceptance thereof, is valid and effective.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  4;  2 Del. C. 1953, §  908;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter I. Establishment and Administration › § 910. Encroachment upon airport protection privileges; abatement.

§ 910. Encroachment upon airport protection privileges; abatement.
No person shall build, rebuild, create, or cause to be built, rebuilt or created any object, or plant, cause to be planted or permit to grow higher any tree or trees or other vegetation, which shall encroach upon any airport protection privileges acquired pursuant to this chapter. Any such encroachment is a public nuisance and may be abated in the manner prescribed by law for the abatement of public nuisances, or the political subdivision in charge of the airport or restricted landing area for which airport protection privileges have been acquired under this chapter may go upon the land of others and remove any such encroachment without being liable for damages in so doing.
45 Del. Laws, c. 300, §  2(4);  2 Del. C. 1953, §  910;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter I. Establishment and Administration › § 911. Assistance to other political subdivisions.

§ 911. Assistance to other political subdivisions.
Whenever the governing body of any political subdivision determines that the public interest and the interests of the political subdivision will be served by assisting any other political subdivision in exercising the powers and authority granted by this chapter, the first-mentioned political subdivision is expressly authorized and empowered to furnish such assistance by gift, or lease with or without rental, of real property, by the donation, lease with or without rental, or loan, of personal property, and by the appropriation of moneys, which may be provided for by taxation or the issuance of bonds in the same manner as funds might be provided for the same purposes if the political subdivision were exercising the powers granted in its own behalf.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  12;  2 Del. C. 1953, §  911;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter I. Establishment and Administration › § 912. Exclusiveness of jurisdiction.

§ 912. Exclusiveness of jurisdiction.
Every airport and other air navigation facility controlled and operated by any political subdivision, or jointly controlled and operated pursuant to this chapter, shall, subject to federal and state laws, rules and regulations, be under the exclusive jurisdiction and control of the political subdivision or subdivisions controlling and operating it and no other political subdivision in which such airport or air navigation facility may be located shall have any police jurisdiction of the same or any authority to charge or exact any license fees or occupation taxes for the operations thereon. Such political subdivision or subdivisions shall have concurrent jurisdiction over the adjacent territory described in subdivision (2) of § 909 of this title.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  14;  2 Del. C. 1953, §  912;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter II. Financing and Taxation › § 921. Exemption of airport property and income from taxation.

§ 921. Exemption of airport property and income from taxation.
Any property acquired by a political subdivision pursuant to this chapter shall be exempt from taxation to the same extent as other property used for public purposes. All income received in connection with the operation by a political subdivision of any airport or other air navigation facility shall also be exempt from taxation.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  5;  2 Del. C. 1953, §  921;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter II. Financing and Taxation › § 922. Payment of purchase price and improvement costs; definition of “cost.”

§ 922. Payment of purchase price and improvement costs; definition of “cost.”
The cost of investigating, surveying, planning, acquiring, establishing, constructing, enlarging or improving or equipping airports and other air navigation facilities, and the sites therefor, including structures and other property incidental to their operation, in accordance with this chapter may be paid for by appropriation of moneys available therefor, or wholly or partly from the proceeds of bonds of the political subdivision, as the governing body of the political subdivision shall determine.
As used in this section “cost” includes awards in condemnation proceedings and rentals where an acquisition is by lease.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  6(1);  2 Del. C. 1953, §  922;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter II. Financing and Taxation › § 923. Bond issues.

§ 923. Bond issues.
(a) Any bonds to be issued by any political subdivision pursuant to this chapter shall be authorized and issued in the manner and within the limitation, except as herein otherwise provided, prescribed by the laws of this State or the charter of the political subdivision for the issuance and authorization of bonds thereof for public purposes generally.
(b) Irrespective of any limitation, by general or special law or charter, as to the amount of bonds which may be issued, a political subdivision may issue bonds for the purposes defined by this chapter in excess of such limitation, in such amount as may be authorized by an ordinance or resolution referred to and approved by the voters of such political subdivision by popular vote, at any general election or special election called for that purpose.
(c) The amount of all bonds issued by any political subdivision for the purposes defined in this chapter shall not be counted or included in the net indebtedness of the political subdivision or in any computation of the outstanding indebtedness of the political subdivision for the purpose of determining the limit of net indebtedness thereof.
Code 1935, c. 167;  45 Del. Laws, c. 300, §§  6(2)-(4);  2 Del. C. 1953, §  923;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter II. Financing and Taxation › § 924. Validation of prior bonds.

§ 924. Validation of prior bonds.
In all cases where a political subdivision has issued any bonds for the purpose of investigating, surveying, planning, acquiring, establishing, constructing, enlarging, equipping, or improving any airport, or other air navigation facility, or site therefor, or to meet the cost of structures or other property incidental to their operation, whether such airport or other air navigation facility was termed under the law existing at the time of the issuance of such bonds an airport, a landing field, a landing strip, an aviation field or a flying field, or has incurred any other indebtedness, or entered into any lease or other contract in connection with the acquisition, establishment, construction, ownership, enlargement, control, leasing, equipment, improvement, maintenance, operation or regulation of any such airport or other air navigation facility, or site therefor, or structure or other property incidental to its operation, the proceedings heretofore taken in all such cases are in all respects validated and confirmed. Any bonds already issued thereunder are validated and made legal obligations of such political subdivision and the political subdivision is authorized and empowered, pursuant to such proceedings, to issue further bonds for such purposes up to the limit fixed in the original authorization thereof, without limitation of the general power granted in this chapter to all political subdivisions in this State, which bonds when issued shall be legal obligations of the political subdivision according to their terms.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  6(5);  2 Del. C. 1953, §  924;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter II. Financing and Taxation › § 925. Authority to appropriate and expend moneys and to levy taxes.

§ 925. Authority to appropriate and expend moneys and to levy taxes.
(a) The governing bodies having power to appropriate moneys within the political subdivisions in this State acquiring, establishing, constructing, enlarging, improving, maintaining, equipping or operating airports and other air navigation facilities under this chapter may appropriate and cause to be raised by taxation or otherwise in such political subdivisions moneys sufficient to carry out therein the provisions of this chapter.
(b) Irrespective of any limitation, by general or special law or charter, as to the amount or total of taxes that may be levied, a political subdivision may levy taxes for the purposes authorized by this chapter, in excess of such limitations, in such amount as may be authorized by an ordinance or resolution referred to and approved by the voters of such political subdivision by popular vote.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  7(1), (2);  2 Del. C. 1953, §  925;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter II. Financing and Taxation › § 926. Use of airport revenues.

§ 926. Use of airport revenues.
The revenues obtained from the ownership, control and operation of any airport or other air navigation facility shall be used, first, to finance the maintenance and operating expenses thereof, and, second, to make payments of interest on and current principal requirements of any outstanding bonds or certificates issued for the acquisition or improvement thereof, and to make payment of interest on any mortgage heretofore made. Revenues in excess of the foregoing requirements may be applied to finance the extension or improvement of the airport or other air navigation facilities.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  7(3);  2 Del. C. 1953, §  926;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter III. Federal Aid › § 931. Receipt of aid; expenditure of moneys.

§ 931. Receipt of aid; expenditure of moneys.
Every political subdivision may accept, receive and receipt for federal moneys, and other moneys, either public or private, for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of airports and other air navigation facilities, and sites therefor, and comply with the provisions of the laws of the United States and any rules and regulations made thereunder for the expenditure of federal moneys upon such airports and other air navigation facilities.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  9(1);  2 Del. C. 1953, §  931;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter III. Federal Aid › § 932. Department of Transportation as agent; conditions of grant.

§ 932. Department of Transportation as agent; conditions of grant.
(a) The governing body of any political subdivision may designate the Department of Transportation as its agent to accept, receive and receipt for federal moneys in its behalf for airport purposes and to contract for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of such airports, or other air navigation facilities, and may enter into an agreement with the Department of Transportation prescribing the terms and conditions of the agency in accordance with federal laws, rules and regulations and applicable laws of this State.
(b) The moneys that are paid over by the United States government shall be paid over to the political subdivision under such terms and conditions as may be imposed by the United States government in making the grant.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  9(2);  2 Del. C. 1953, §  932;  57 Del. Laws, c. 671, §  13;  60 Del. Laws, c. 503, §  26;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter III. Federal Aid › § 933. Contracts; law governing.

§ 933. Contracts; law governing.
(a) All contracts for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of airports or other air navigation facilities, made by the political subdivision itself or through the agency of the Department of Transportation, shall be made pursuant to the laws of this State governing the making of like contracts.
(b) Where the acquisition, construction, improvement, enlargement, maintenance, equipment or operation is financed wholly or partly with federal moneys, the political subdivision, or the Department of Transportation as its agent, may let contracts in the manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other state law to the contrary.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  9(3);  2 Del. C. 1953, §  933;  57 Del. Laws, c. 671, §  13;  60 Del. Laws, c. 503, §  26;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter IV. Joint Operations › § 941. Definitions.

§ 941. Definitions.
For purposes of this subchapter, unless another intention appears or the context otherwise requires:
(1) “Governing body” of a political subdivision means, as to the State, the Department of Transportation.
(2) “This State” is included in “political subdivision.”
Code 1935, c. 167;  45 Del. Laws, c. 300, §  11(2);  2 Del. C. 1953, §  941;  57 Del. Laws, c. 671, §  13;  60 Del. Laws, c. 503, §  26;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter IV. Joint Operations › § 942. Power, rights and authority.

§ 942. Power, rights and authority.
(a) All powers, rights and authority granted to any political subdivision in this chapter may be exercised and enjoyed by 2 or more of them, or by this State and 1 or more political subdivisions, acting jointly, either within or without the territorial limits of either or any of them and within or without this State, or by this State or any political subdivision acting jointly with any other state or political subdivision thereof, whether within or without this State, provided the laws of the other state permit such joint action.
(b) All the powers conferred upon political subdivisions in this chapter, if not otherwise conferred by law, are conferred upon this State when acting jointly with any political subdivision or subdivisions.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  11(1), (2);  2 Del. C. 1953, §  942;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter IV. Joint Operations › § 943. Agreement for; contents.

§ 943. Agreement for; contents.
(a) Any 2 or more political subdivisions may enter into agreements with each other, duly authorized by ordinance or resolution, as may be appropriate, for joint action pursuant to this subchapter. Concurrent action by the governing bodies of the political subdivisions involved shall constitute joint action.
(b) Each such agreement shall specify its term; the proportionate interest which each political subdivision shall have in the property, facilities and privileges involved, and the proportion of preliminary costs, costs of acquisition, establishment, construction, enlargement, improvement and equipment, and of expenses of maintenance, operation and regulation to be borne by each, and make such other provisions as may be necessary to carry out this subchapter. It shall provide for amendments thereof and for conditions and methods of termination; for the disposition of all or any part of the property, facilities and privileges jointly owned if the property, facilities and privileges, or any part thereof, shall cease to be used for the purposes herein provided or if the agreement shall be terminated, and for the distribution of the proceeds received upon any such disposition, and of any funds or other property jointly owned and undisposed of, and the assumption or payment of any indebtedness arising from the joint venture which remains unpaid, upon any such disposition or upon a termination of the agreement.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  11(3), (4);  2 Del. C. 1953, §  943;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter IV. Joint Operations › § 944. Governing board; membership, organization and powers.

§ 944. Governing board; membership, organization and powers.
(a) Political subdivisions acting jointly as authorized in this subchapter shall create a board from the inhabitants of such political subdivisions for the purpose of acquiring property for, establishing, constructing, enlarging, improving, maintaining, equipping, operating and regulating the airports and other air navigation facilities and airport protection privileges to be jointly acquired, controlled and operated. The board shall consist of members to be appointed by the governing body of each political subdivision involved, the number to be appointed by each to be provided for by the agreement for the joint venture. Each member shall serve for such time and upon such terms as to compensation, if any, as may be provided for in the agreement.
(b) Each board shall organize, select officers for terms to be fixed by the agreement, and adopt and from time to time amend rules of procedure.
(c) Each board may exercise, on behalf of the political subdivisions acting jointly by which it is appointed, all the powers of each of such political subdivisions granted by this chapter, except as herein provided. Real property, airports, restricted landing areas, air protection privileges or personal property costing in excess of a sum to be fixed by the joint agreement, may be acquired, and condemnation proceedings may be instituted, only by authority of the governing bodies of each of the political subdivisions involved. The total amount of expenditures to be made by the board for any purpose in any calendar year shall be determined by the political subdivisions involved by the approval by each on or before the preceding December 1st of a budget for the ensuing calendar year. Rules and regulations provided for by paragraph (2) of § 909 of this title shall become effective only upon approval of each of the appointing governing bodies. No real property and no airport, other air navigation facility, or air protection privilege, owned jointly, shall be disposed of by the board, by sale, lease or otherwise, except by authority of all the appointing governing bodies, but the board may lease space, area or improvements and grant concessions on airports for aeronautical purposes or purposes incidental thereto, subject to subdivision (3) of § 909 of this title.
Code 1935, c. 167;  45 Del. Laws, c. 300, §§  11(5)-(7);  2 Del. C. 1953, §  944;
2023 Delaware Code › Title 2 - Transportation › Chapter 9. AIRPORTS OF POLITICAL SUBDIVISIONS › Subchapter IV. Joint Operations › § 945. Ordinances.

§ 945. Ordinances.
Each political subdivision, acting jointly with another, pursuant to this chapter, may enact, concurrently with the other political subdivisions involved, such ordinances as are provided for by subdivision (2) of § 909 of this title, and to fix by such ordinances penalties for the violation thereof, which ordinances, when so concurrently adopted, shall have the same force and effect within the political subdivisions and on any property jointly controlled by them or adjacent thereto, whether within or without the territorial limits of either or any of them, as ordinances of each political subdivision involved, and may be enforced in any one of the political subdivisions in like manner as are its individual ordinances. The consent of the Department of Transportation to any such ordinance, where the State is a party to the joint venture, shall be equivalent to the enactment of the ordinance by a political subdivision. The publication provided for in subdivision (2) of § 909 of this title, shall be made in each political subdivision involved in the manner provided by law or charter for publication of its individual ordinances.
Code 1935, c. 167;  45 Del. Laws, c. 300, §  11(8);  2 Del. C. 1953, §  945;  57 Del. Laws, c. 671, §  13;  60 Del. Laws, c. 503, §  26;