2023 Montana Code Annotated › Title 67. Aeronautics › Chapter 10. Municipal Airports › Part 2. General Powers of Municipality Relating to Airports › 67-10-201. General municipal powers

67-10-201. General municipal powers.
(1) A municipality may, out of any appropriations or other money made available for airport purposes, plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police airports and air navigation facilities, either within or outside of the territorial limits of the municipality and within or outside of the territorial boundaries of this state. The airport purposes include the construction, installation, equipping, maintenance, and operation at 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. A municipality may use any available property that it owns or controls for airport purposes. A municipality may acquire real or personal property or any interest in property by purchase, gift, devise, lease, eminent domain proceedings pursuant to Title 70, chapter 30, or otherwise. A municipality may also acquire property interests, including easements, in airport hazards or land outside the boundaries of an airport or airport site that are necessary to:
(a) permit safe and efficient operation of the airport;
(b) permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards; or
(c) prevent the establishment of airport hazards.
(2) The municipality may, by purchase, gift, devise, lease, eminent domain proceedings pursuant to Title 70, chapter 30, or otherwise, acquire existing airports and air navigation facilities. However, a municipality may not acquire 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.
(3) 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 public waters, and any artificial or reclaimed lands that before the artificial making or reclamation constituted a portion of the submerged lands under the public waters. A municipality may construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any airport and may construct and maintain landing floats and breakwaters for the protection of the other improvements.
(4) All air navigation facilities established or operated by municipalities must be supplementary to and coordinated in design and operation with air navigation facilities established and operated by the federal and state governments.
(5) A municipality may enter into any contracts necessary for the purposes provided by this chapter.
History: En. Secs. 2, 13, Ch. 288, L. 1947; R.C.M. 1947, 1-809, 1-820; amd. Sec. 5, Ch. 140, L. 1979; amd. Sec. 41, Ch. 125, L. 2001.