reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.0215 — Service Of Process; Long-arm Statute; Fee.

360.0215 SERVICE OF PROCESS; LONG-ARM STATUTE; FEE.
The use and operation of an aircraft by a nonresident or the nonresident's agent in the state of Minnesota or by a resident owner or the resident owner's agent who has remained without the state continuously for 30 days prior to the commencement of an action against the nonresident or absentee owner, shall be deemed an appointment by such nonresident or absentee of the commissioner of transportation, to be the true and lawful attorney upon whom may be served all legal processes in any action or proceeding against the nonresident or absentee growing out of such use or operation of an aircraft in the state of Minnesota, resulting in damages or loss to person or property, and said use or operation shall be a signification of agreement that any such process in any action against the nonresident or absentee which is so served shall be of the same legal force and validity as if served upon the nonresident or absentee personally. Service of such process shall be made by serving a copy thereof upon the commissioner or by filing a copy in the commissioner's office, together with the payment of a fee of $2, and such service shall be sufficient service upon said nonresident or absentee; provided that notice of such service and a copy of the process are within ten days thereafter sent by mail by the plaintiff to the defendant at the defendant's last known address, and that the plaintiff's affidavit of compliance with the provisions of this section are attached to the summons.
The court in which the action is pending may order such continuance as may be necessary to afford the defendant reasonable opportunity to defend any such action, not exceeding 90 days from the day of the filing of the action in such court. The fee of $2 paid by the plaintiff to the commissioner at the time of service of such proceeding shall be taxed in the plaintiff's costs if the plaintiff prevails in the suit. The said commissioner shall keep a record of all such processes so served which shall show the day and hour of such service.
History:
1947 c 46 s 1; 1976 c 166 s 7; 1986 c 444
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.0216 — Aircraft Operator Deemed Owner's Agent.

360.0216 AIRCRAFT OPERATOR DEEMED OWNER'S AGENT.
When an aircraft is operated within the airspace above this state or upon the ground surface or waters of this state by a person other than the owner, with the consent of the owner, expressed or implied, the operator shall in case of accident be deemed the agent of the owner of the aircraft in its operation.
History:
1976 c 241 s 2
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.022 — Misdemeanor.

360.022 MISDEMEANOR.
Any person violating any of the provisions of section 360.018, or any of the rules or orders issued pursuant to the provisions of section 360.015, shall be guilty of a misdemeanor, and each such violation, or in the case of continuing offenses each day's violation, shall constitute a separate offense.
History:
1945 c 303 s 9; 1971 c 23 s 23; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.023 — Transfer Of Air Navigation Facility.

360.023 TRANSFER OF AIR NAVIGATION FACILITY.
The commissioner of transportation of the state of Minnesota, with the approval of the governor, is hereby granted authority to transfer and assign to the United States government or, to any political subdivisions of the state of Minnesota or to loan to private owners of airports licensed for public use all or any part of radio air navigation facilities or other air navigation facilities along with shelters, repair parts, and supplies used in connection therewith, as are now or hereafter owned by the state of Minnesota.
The commissioner of transportation, with the approval of the governor, is authorized to make such loan, transfer, and assignment herein upon the conditions that, and so long as, the United States government, the political subdivision, or the private owner of an airport, as the case may be, will undertake the duty to, and does, maintain, repair, operate, and use such air navigation facilities for the benefit of the public of the state. The commissioner may set additional conditions on a transfer of air navigation facilities.
History:
1963 c 194 s 1; 1967 c 720 s 1; 1976 c 166 s 7
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.024 — Air Transportation Service Charge.

360.024 AIR TRANSPORTATION SERVICE CHARGE.
Subdivision 1.
Charges.
(a) The commissioner must charge users of air transportation services provided by the commissioner for operating costs as allowed by federal aviation regulations.
(b) The commissioner must charge users for a portion of aircraft acquisition, replacement, or leasing costs.
Subd. 2.
Accounts; appropriation.
(a) An air transportation services account is established in the state airports fund. The account consists of collections under subdivision 1, paragraph (a), and any other money donated, allotted, transferred, or otherwise provided to the account. Money in the account is annually appropriated to the commissioner to pay air service operating costs.
(b) An aircraft capital account is established in the state airports fund. The account consists of collections under subdivision 1, paragraph (b), proceeds from the sale of aircraft under jurisdiction of the department, and any other money donated, allotted, transferred, or otherwise provided to the account. Money in the account must be used for aircraft acquisition, replacement, or leasing costs. Except as provided by law, the commissioner must not transfer money into or out of the account.
History:
1983 c 293 s 102; 1Sp1985 c 10 s 90; 1Sp1993 c 4 s 1; 1998 c 372 art 1 s 9; 1Sp2019 c 3 art 3 s 92
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.031 — Definition Of Municipality.

360.031 DEFINITION OF MUNICIPALITY.
For the purposes of sections 360.031 to 360.045, (except section 360.042), "municipality" means any county, city, town, or airport authority of this state.
History:
1945 c 303 s 10; 1973 c 123 art 5 s 7; 2008 c 154 art 2 s 24
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.033 — Sovereign Rights.

360.033 SOVEREIGN RIGHTS.
Subdivision 1.
Public 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 the state or to municipalities are hereby declared to be public, governmental, 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 the state and such municipalities in the manner and for the purposes enumerated in sections 360.011 to 360.076, shall and are hereby declared to be acquired and used for public, governmental, and municipal purposes and as a matter of public necessity.
Subd. 2.
[Repealed, 1963 c 798 s 16]
History:
1945 c 303 s 12; 1978 c 674 s 58
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.034 — Prior Acquisition Of Property Validated.

360.034 PRIOR ACQUISITION OF PROPERTY VALIDATED.
Any acquisition of property within or without the limits of any municipality for airports and other air navigation facilities, or of airport protection privileges, heretofore made by any such municipality in any manner, together with the conveyance and acceptance thereof, is hereby legalized and made valid and effective.
History:
1945 c 303 s 13
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.035 — Exemption From Taxation.

360.035 EXEMPTION FROM TAXATION.
Any properties, real or personal, acquired, owned, leased, controlled, used, or occupied by a municipality for any of the purposes of sections 360.011 to 360.076, are declared to be acquired, owned, leased, controlled, used, or occupied for public, governmental, and municipal purposes, and shall be exempt from taxation by the state or any of its political subdivisions, except to the extent that the property is subject to the sales and use tax under chapter 297A. Nothing contained in sections 360.011 to 360.076 shall be construed as exempting properties, real or personal, leased from the municipality to a tenant or lessee who is a private person, association, or corporation from assessments or taxes. Leased municipal airport property that is not located at the airport operated by the metropolitan airports commission shall not be subject to payment of any portion of rentals under section 272.68, subdivision 3.
History:
1945 c 303 s 14; 1978 c 674 s 58; 1979 c 303 art 2 s 35; 1Sp1981 c 1 art 2 s 23; 2000 c 418 art 2 s 3
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.037 — General Power To Tax; Revenue Priorities.

360.037 GENERAL POWER TO TAX; REVENUE PRIORITIES.
Subdivision 1.
Local authority to appropriate money.
The governing bodies having power to appropriate money within the municipalities in this state acquiring, establishing, constructing, enlarging, improving, maintaining, equipping, or operating airports and other air navigation facilities under the provisions of sections 360.011 to 360.076, are hereby authorized to appropriate and cause to be raised, by taxation or otherwise in such municipalities, money sufficient to carry out therein the provisions of sections 360.011 to 360.076. Expenditures by counties shall be made out of the general revenue fund only.
Subd. 2.
Levy in excess of tax limitation.
A municipality may levy taxes for the purposes authorized by sections 360.011 to 360.076, in such amount as may be authorized by an ordinance or resolution referred to and approved by the voters of such municipality by popular vote or as may be required to pay principal of or interest on general obligation bonds of the municipality issued under section 360.036.
Subd. 3.
Use of revenues.
The revenues obtained from the ownership, control, and operation of any such 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 shall be applied to finance the extension or improvement of the airport or other air navigation facilities.
History:
1945 c 303 s 16; 1978 c 674 s 58; 1981 c 209 s 13; 1Sp1981 c 4 art 1 s 166; 1984 c 593 s 37; 1Sp1989 c 1 art 5 s 26; 1994 c 587 art 5 s 19
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.039 — Federal Aid.

360.039 FEDERAL AID.
Subdivision 1.
Acceptance by municipality.
Every municipality is authorized, subject to the provisions of section 360.0161, to accept, receive, receipt for, disburse, and expend federal and state money and other money, public or private, made available by grant or loan or both to accomplish, in whole or in part, any of the purposes of this act. All federal money 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 money 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 money was received, the chief financial officer of the municipality shall, on its behalf deposit all money received pursuant to this section and shall keep it, in separate funds designated according to the purposes for which the money was made available, in trust for such purposes.
Subd. 2.
Commissioner as financial agent.
A municipality is authorized to designate the commissioner as its agent to accept, receive, receipt for, and disburse federal and state money and other money, public or private, made available by grant or loan or both to accomplish, in whole or in part, any of the purposes of this act; and to designate the commissioner as its agent in contracting for and supervising the planning, acquisition, development, construction, improvement, maintenance, equipment, or operation of any airports or other air navigation facility. Such municipality may enter into an agreement with the commissioner prescribing the terms and conditions of the agency in accordance with such terms and conditions as are prescribed by the United States, if federal money is involved, and in accordance with the applicable laws of this state. All federal money accepted under this section by the commissioner shall be accepted and transferred or expended by the commissioner upon such terms and conditions as are prescribed by the United States.
Subd. 3.
Contract.
All contracts for the planning, acquisition, construction, enlargement, improvement, maintenance, equipment, or operation of airports or other air navigation facilities, made by the municipality itself or through the agency of the commissioner, shall be made pursuant to the laws of this state governing the making of like contracts; provided, however, that where such planning, acquisition, construction, improvement, enlargement, maintenance, equipment, or operation is financed wholly or partly with federal money, the municipality, or the commissioner 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.
History:
1945 c 303 s 18; 1947 c 175 s 6
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.041 — Airport On Water And Reclaimed Land.

360.041 AIRPORT ON WATER AND RECLAIMED LAND.
Subdivision 1.
Acquisition.
The powers herein granted to a municipality 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 municipality, 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.
Subd. 2.
Incidental powers.
All the other powers herein granted municipalities 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, and artificial or reclaimed land.
History:
1945 c 303 s 19
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.0425 — General Powers Of Authority.

360.0425 GENERAL POWERS OF AUTHORITY.
An airport authority created under section 360.0426 has all the powers granted a municipality under sections 360.032 to 360.046.
History:
2008 c 154 art 2 s 25
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.0427 — Tax Levy May Be Certified By Airport Authority.

360.0427 TAX LEVY MAY BE CERTIFIED BY AIRPORT AUTHORITY.
Imposition of a property tax levy under sections 275.065 to 275.07 requires an affirmative vote of at least two-thirds of the members of the authority.
History:
2008 c 154 art 2 s 27; 2008 c 366 art 6 s 45
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.043 — Assistance To Other Municipality.

360.043 ASSISTANCE TO OTHER MUNICIPALITY.
Whenever the governing body of any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality in exercising the powers and authority granted by sections 360.011 to 360.076, such first-mentioned municipality 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 money, 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 municipality were exercising the powers heretofore granted in its own behalf.
History:
1945 c 303 s 21; 1978 c 674 s 58
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.044 — County Authority.

360.044 COUNTY AUTHORITY.
Subdivision 1.
Public purpose.
The purposes of sections 360.011 to 360.076 are specifically declared to be county purposes as well as generally public, governmental, and municipal.
Subd. 2.
County powers.
The powers therein granted to all municipalities are specifically declared to be granted to counties in this state, any other statute to the contrary notwithstanding.
History:
1945 c 303 s 22; 1978 c 674 s 58
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.045 — Jurisdiction Exclusive.

360.045 JURISDICTION EXCLUSIVE.
Every airport and other air navigation facility controlled and operated by any municipality, or jointly controlled and operated pursuant to the provisions of sections 360.011 to 360.076, shall, subject to federal and state laws, rules, and regulations, be under the exclusive jurisdiction and control of the municipality or municipalities controlling and operating it, and no other municipality in which such airport or air navigation facility is situated 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 municipality or municipalities shall have concurrent jurisdiction over the adjacent territory described in section 360.038, subdivision 3.
History:
1945 c 303 s 23; 1978 c 674 s 58
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.046 — Requirements For Closure Of Municipal Airport.

360.046 REQUIREMENTS FOR CLOSURE OF MUNICIPAL AIRPORT.
Subdivision 1.
Definition of municipal airport.
For the purposes of this section, "municipal airport" is an airport owned by a county, city, town, or joint powers board within the meaning of section 360.042, exclusive of an airport formed and operated by the Metropolitan Airports Commission pursuant to sections 473.601 to 473.679.
Subd. 2.
Notice of intent to close provided to commissioner.
The owner of a municipal airport shall provide written notice to the commissioner of intent to close the airport. Notice must be provided to the commissioner before or immediately upon cessation of operations at the airport.
Subd. 3.
Preservation of airport property; penalty.
For 180 days following receipt by the commissioner of the notice described in subdivision 2, the municipality may not abandon, significantly alter, demolish, or convey airport property. The commissioner must assess a municipality that is in violation a civil penalty of $1,000 for each day of the 180-day period that it remains in violation. Proceeds of the penalty must be deposited in the state airports fund.
Subd. 4.
Public notice and hearing.
The owner of a municipal airport shall schedule a public hearing to take place within 90 days following the giving of notice to the commissioner of intent to close. The owner of the airport shall provide public notice within the municipality served by the airport a minimum of 30 days before the hearing. At the hearing, the municipality shall present information concerning the airport closing, and the public must have the opportunity to comment.
Subd. 5.
Impact evaluation.
Before the public hearing, the commissioner shall prepare a written evaluation of the impact on the airport system of the closure of the municipal airport. The commissioner shall make the evaluation available to the municipality and to the public in advance of the hearing.
History:
2004 c 250 s 1; 2013 c 125 art 1 s 67
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.061 — Definitions.

360.061 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 360.061 to 360.074 the terms in this section have the meanings given.
Subd. 2.
Airport.
The term "airport" includes a restricted landing area.
Subd. 3.
Municipality.
"Municipality" does not include a county unless the county owns or controls an airport, in which case such county may exercise all the powers granted by said sections to other municipalities. It specifically includes a town, an airport authority, the Metropolitan Airports Commission established and operated pursuant to chapter 473, and the state of Minnesota.
Subd. 4.
County.
"County" includes "counties."
History:
1945 c 303 s 24; 1951 c 116 s 1; 1979 c 302 s 1; 2010 c 351 s 59; 2023 c 25 s 173
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.062 — Airport Hazard Prevention; Protecting Existing Land Uses.

360.062 AIRPORT HAZARD PREVENTION; PROTECTING EXISTING LAND USES.
(a) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and may reduce the size of the area available for the landing, takeoff, and maneuvering of aircraft, thereby impairing the utility of the airport and the public investment therein. It is also found that the social and financial costs of disrupting existing land uses around airports often outweigh the benefits of a reduction in airport hazards that might result from the elimination or removal of those uses.
(b) Accordingly, it is hereby declared: (1) the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (2) it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented and that this should be accomplished to the extent legally possible, by exercise of the police power, without compensation; and (3) the elimination or removal of existing land uses or their designation as nonconforming uses is not in the public interest and should be avoided whenever possible consistent with reasonable standards of safety.
(c) It is further declared that the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are essential public services for which political subdivisions may raise and expend public funds and acquire land or property interests therein.
History:
1945 c 303 s 25; 1978 c 654 s 1; 1Sp2019 c 3 art 3 s 93
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.064 — Airport Zoning; Comprehensive Ordinance, Conflict.

360.064 AIRPORT ZONING; COMPREHENSIVE ORDINANCE, CONFLICT.
Subdivision 1.
Comprehensive regulations.
In the event that a municipality has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things the height of buildings, any airport zoning regulations applicable to the same area or portion thereof must be incorporated by reference or incorporated in and made a part of such comprehensive zoning regulations and be administered and enforced in connection therewith.
Subd. 2.
Effect when regulations conflict.
In the event of conflict between any airport zoning regulations adopted under sections 360.011 to 360.076, and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such other regulations were adopted by the municipality which adopted the airport zoning regulations or by some other municipality, the more stringent limitation or requirement shall govern and prevail.
History:
1945 c 303 s 27; 1978 c 674 s 58; 1Sp2019 c 3 art 3 s 96
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.066 — Airport Zoning; Minimum Standards, Land Uses.

360.066 AIRPORT ZONING; MINIMUM STANDARDS, LAND USES.
Subdivision 1.
Reasonableness.
Zoning standards defining airport hazard areas and the categories of uses permitted and airport zoning regulations adopted under sections 360.011 to 360.076, shall be reasonable, and none shall impose a requirement or restriction which is not reasonably necessary to effectuate the purposes of sections 360.011 to 360.076.
Subd. 1a.
MS 2018 [Repealed, 1Sp2019 c 3 art 3 s 140]
Subd. 1b.
MS 2018 [Repealed, 1Sp2019 c 3 art 3 s 140]
Subd. 2.
Nonconforming use.
No airport zoning regulations adopted under sections 360.011 to 360.076 shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in section 360.067.
History:
1945 c 303 s 29; 1978 c 654 s 2-4; 1978 c 674 s 58; 1983 c 326 s 8; 1Sp2019 c 3 art 3 s 100
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.068 — Appeal Of Airport Zoning Decision.

360.068 APPEAL OF AIRPORT ZONING DECISION.
Subdivision 1.
When granted.
Any person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under sections 360.011 to 360.076, or any governing body of a municipality or county, or any joint airport zoning board, which is of the opinion that a decision of such an administrative agency is an improper application of airport zoning regulations of concern to such governing body or board, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of such administrative agency.
Subd. 2.
Within reasonable time.
All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.
Subd. 3.
Stay.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases proceedings shall not be stayed otherwise than by order of the board on notice to the agency from which the appeal is taken and on due cause shown.
Subd. 4.
Hearing; notice.
The board shall fix a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
Subd. 5.
Decision and order.
The board may, in conformity with the provisions of sections 360.011 to 360.076, reverse or affirm wholly or partly, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken.
History:
1945 c 303 s 31; 1978 c 674 s 58
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.069 — Airport Zoning Administration.

360.069 AIRPORT ZONING ADMINISTRATION.
All airport zoning regulations adopted under sections 360.011 to 360.076 shall provide for the administration and enforcement of such regulations by an appropriate permit-issuing agency, which may be an agency created by such regulations or any official, board, or other existing agency of the municipality or county adopting the regulations, or of one of the municipalities or counties which participated in the creation of the joint airport zoning board adopting the regulations if satisfactory to the other municipalities and counties, or in case of a Metropolitan Airports Commission a committee appointed by the commission with equal representation from each of the counties in and for which it is created; but in no case shall such agency be or include any member of the board of adjustment. The duties of any administrative agency designated pursuant to sections 360.011 to 360.076 shall include that of hearing and deciding all permits under section 360.067, subdivision 1, but such agency shall not have or exercise any of the powers herein delegated to the board of adjustment.
History:
1945 c 303 s 32; 1976 c 255 s 4; 1978 c 674 s 58
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.071 — Board Of Adjustment.

360.071 BOARD OF ADJUSTMENT.
Subdivision 1.
Powers.
All airport zoning regulations adopted under sections 360.011 to 360.076 shall provide for a board of adjustment to have and exercise the following powers:
(1) to hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations, as provided in section 360.068;
(2) to hear and decide any special exceptions to the terms of the airport zoning regulations upon which such board may be required to pass under such regulations; and
(3) to hear and decide specific variances under section 360.067, subdivision 2.
Subd. 2.
Membership.
(a) Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall consist of five members, each to be appointed for a term of three years by the authority adopting the regulations and to be removable by the appointing authority for cause, upon written charges and after public hearing. The length of initial appointments may be staggered.
(b) In the case of a Metropolitan Airports Commission, five members shall be appointed by the commission chair from the area in and for which the commission was created, any of whom may be members of the commission. In the case of an airport owned or operated by the state of Minnesota, the board of commissioners of the county, or counties, in which the airport hazard area is located shall constitute the airport board of adjustment and shall exercise the powers and duties of such board as provided herein.
Subd. 3.
Majority control.
The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under the airport zoning regulations, or to effect any variation in such regulations.
Subd. 4.
Rules and procedures.
The board shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the board shall be held at the call of the chair and at such other times as the board may determine. The chair, or if absent, the acting chair, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record. Upon their appointment the members of any board of adjustment shall select a chair to act at the pleasure of the board.
History:
1945 c 303 s 33; 1951 c 116 s 7; 1976 c 255 s 5; 1978 c 674 s 58; 1986 c 444; 1Sp2019 c 3 art 3 s 102
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.072 — Judicial Review.

360.072 JUDICIAL REVIEW.
Subdivision 1.
Appeal.
Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or of any action of the commissioner taken under section 360.063, subdivisions 6 or 6a, or any governing body of a municipality or county, or any joint airport zoning board, which believes that a decision of a board of adjustment or action of the commissioner is illegal may appeal in accordance with chapter 14.
Subd. 2.
[Repealed, 1983 c 247 s 219]
Subd. 3.
[Repealed, 1983 c 247 s 219]
Subd. 4.
[Repealed, 1983 c 247 s 219]
Subd. 5.
[Repealed, 1983 c 247 s 219]
Subd. 6.
Allowance of costs.
Costs shall not be allowed against the board of adjustment or the commissioner unless it appears to the court that the board or the commissioner acted with gross negligence, in bad faith, or with malice, in making the decision appealed from.
Subd. 7.
Unconstitutional taking; application to other real property.
In any case in which airport zoning regulations adopted under sections 360.011 to 360.076, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the Constitution of the United States, such holding shall not affect the application of such regulations as to other structures and parcels of land.
History:
1945 c 303 s 34; 1977 c 236 s 3; 1978 c 674 s 58; 1983 c 247 s 142; 1986 c 444
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.073 — Violations, Penalties, And Remedies.

360.073 VIOLATIONS, PENALTIES, AND REMEDIES.
Every person who shall construct, establish, substantially change, or substantially alter or repair any existing structure or use, or permit the growth of any tree, without having complied with the provisions of section 360.067 or who, having been granted a permit or variance under the provisions of section 360.067, shall construct, establish, substantially change, or substantially alter or repair any existing growth or structure, or permit the growth of any tree, except as permitted by such permit or variance, or who shall violate any of the ordinances, regulations, orders, or rulings promulgated or made pursuant to section 360.063 shall be guilty of a misdemeanor, and each day a violation continues to exist shall constitute a separate offense. In addition, the municipality, county, or commissioner adopting zoning regulations under sections 360.011 to 360.076, may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of sections 360.011 to 360.076, or of airport zoning regulations adopted under sections 360.011 to 360.076, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of sections 360.011 to 360.076, and of the regulations adopted and orders and rulings made pursuant thereto.
History:
1945 c 303 s 35; 1971 c 23 s 24; 1978 c 674 s 58
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.074 — Acquisition Of Air Rights.

360.074 ACQUISITION OF AIR RIGHTS.
In any case in which (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use, or (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under sections 360.011 to 360.076, or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the municipality within which the property or nonconforming use is located or the municipality owning the airport or served by it may proceed under section 360.032, subdivision 3, to acquire such easements through or other interest in air spaces over land or water, interests in airport hazards outside the boundaries of the airport, and such other airport protection privileges as are necessary to effectuate the purposes of sections 360.011 to 360.076.
History:
1945 c 303 s 36; 1978 c 674 s 58
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.076 — Citation, Aeronautics Code.

360.076 CITATION, AERONAUTICS CODE.
Sections 360.011 to 360.076 may be cited as the "Aeronautics Code."
History:
1943 c 653 s 23
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.201 — Acquisition By Municipality In Adjoining State.

360.201 ACQUISITION BY MUNICIPALITY IN ADJOINING STATE.
The governing body of any county, city, town, or other municipality or political subdivision of an adjoining state, whose laws permit, is hereby authorized to acquire, establish, construct, own, control, lease, equip, improve, maintain, and operate airports, or restricted landing areas, or other air navigation facilities in this state, subject to all laws and rules of this state applicable to its municipalities and other political subdivisions in such aeronautical projects, but subject to the laws of its own state in all matters relating to financing such projects.
History:
1945 c 175 s 1 subd 1; 1973 c 123 art 5 s 7; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.202 — Rights Same As Minnesota Municipality.

360.202 RIGHTS SAME AS MINNESOTA MUNICIPALITY.
Such municipality or other political subdivision of an adjoining state shall have all the rights, privileges, and duties of like municipalities and political subdivisions of this state, including the right to exercise the power of eminent domain.
History:
1945 c 175 s 1 subd 2; 2006 c 214 s 20
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.203 — Reciprocal Provisions.

360.203 RECIPROCAL PROVISIONS.
Sections 360.201 to 360.203 shall not apply unless the laws of such adjoining state shall permit municipalities and other political subdivisions of this state to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate, and otherwise control such airports, restricted landing areas, or other air navigation facilities therein, with all privileges, rights, and duties applicable to the municipalities and other political subdivisions of such adjoining state in such aeronautical projects.
History:
1945 c 175 s 1 subd 3
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.521 — Aircraft Tax Limitation And Election.

360.521 AIRCRAFT TAX LIMITATION AND ELECTION.
(a) None of the provisions of sections 360.531 to 360.67 apply to aircraft or airline companies used in air commerce which have a certificate of convenience and necessity issued by the United States Civil Aeronautics Board.
(b) All aircraft of an airline company operating without a certificate of convenience and necessity issued by the United States Civil Aeronautics Board and with at least three regularly scheduled interstate flights per week shall be registered annually in the manner prescribed in sections 360.511 to 360.67 or if the airline company so elects, thereafter, or until an election otherwise, all of its air flight property shall be assessed annually by the commissioner of revenue in a manner prescribed by sections 270.071 to 270.079 unless prior to July 1 in the year of election the airline company has registered and paid a tax under sections 360.511 to 360.67.
(c) If pursuant to paragraph (b) an airline company being taxed pursuant to sections 270.071 to 270.079 registers pursuant to sections 360.511 to 360.67 prior to July 1, then such airline company will be required to pay one-half of the registration tax which would have been due July 1 in the year of election for an airline company not already being taxed pursuant to sections 270.071 to 270.079, such one-half to be allocable to the last six months of the registration period.
(d) If an airline company registered pursuant to sections 360.511 to 360.67 elects to be taxed in the manner prescribed by sections 270.071 to 270.079, then such airline company will be required to pay one-half of the registration tax which would have been due July 1 of the year of election if the airline company would not have elected to be taxed in the manner prescribed by sections 270.071 to 270.079, such one-half to be allocable to the first six months of the registration period.
(e) Written notice of such election shall be given to the commissioner of transportation and the commissioner of revenue prior to July 1 in the year of election. If an airline company not already taxed under sections 270.071 to 270.079 fails to make an election, then such airline company shall register its aircraft and pay a tax under sections 360.511 to 360.67.
History:
1945 c 411 s 2; 1969 c 791 s 1; 1973 c 582 s 3; 1976 c 166 s 7
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.532 — Nonresident Commercial Operation Subject To Tax.

360.532 NONRESIDENT COMMERCIAL OPERATION SUBJECT TO TAX.
Any aircraft of which a nonresident has the right to possession and which is used for commercial operations in this state shall be registered in this state before said aircraft is used for such commercial operations, except that aircraft used for charter which a nonresident has the right to possession need not be so registered if while in the state the nonresident does not advertise, represent, or hold out as giving or offering to provide such service with such aircraft. Aircraft registered under this section shall not be entitled to a refund under 360.62 except if destroyed or for errors in computing the tax or fees and for the error on the part of an owner who may have registered an aircraft that was not before or at the time of such registration, or at any time thereafter during the current past year, subject to such tax in this state, or the aircraft is sold to a nonresident who is not engaged in a commercial operation in this state.
History:
1963 c 113 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.54 — Presumption That Aircraft Subject To Tax.

360.54 PRESUMPTION THAT AIRCRAFT SUBJECT TO TAX.
Every aircraft shall be presumed to be one using the air space overlying the state of Minnesota or the airports thereof, and thence subject to taxation under sections 360.511 to 360.67, if such aircraft has prior to April 20, 1945, used such air space or airports, or shall actually use them or if it shall come into the possession of an owner in this state, other than a manufacturer, dealer, warehouse operator, mortgagee, or pledgee and it shall be the burden of the owner thereof to prove that said aircraft has not in fact used the air space overlying the state of Minnesota or the airports thereof in order to avoid the payment of the tax as required herein.
History:
1945 c 411 s 4; 1949 c 161 s 5; 1955 c 113 s 7; 1965 c 161 s 7; 1986 c 444; 2022 c 55 art 1 s 164
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.57 — Filing Sworn Statement By Manufacturer.

360.57 FILING SWORN STATEMENT BY MANUFACTURER.
Every manufacturer of an aircraft sold or offered for sale within this state, either by the manufacturer, distributor, dealer, or any other person, shall, on or before the first day in August of each year, file in the office of the commissioner a sworn statement showing the various models manufactured by the manufacturer and the retail list price of each model being manufactured August 1 of that year, and shall also file with the commissioner, in such form as manufacturers usually use for advertising, complete specifications of the construction of each model that has been manufactured by the manufacturer. Upon each change in such price and upon the manufacture of each new model thereafter such manufacturer shall in like manner file a new statement setting forth such change.
History:
1945 c 411 s 7; 1986 c 444
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.58 — Operation Without Registration Or Payment.

360.58 OPERATION WITHOUT REGISTRATION OR PAYMENT.
Except as exempted by sections 360.54 and 360.55, a person shall not use or operate an aircraft in the air space over this state or upon any of the airports of this state until the aircraft has been registered as required in sections 360.54 to 360.67 and the aircraft tax and fees herein provided have been paid.
History:
1945 c 411 s 8; 1965 c 161 s 9; 1986 c 444; 2005 c 41 s 6
2023 Minnesota Statutes › Chapters 360 - 362 — Aeronautics › Chapter 360 — Airports And Aeronautics › Section 360.595 — Taxes Paid Before Registration And Licensing; Rules.

360.595 TAXES PAID BEFORE REGISTRATION AND LICENSING; RULES.
Subdivision 1.
Sales and use tax.
No aircraft shall be registered or licensed in this state unless the applicant presents proof that the sales and use tax imposed by chapter 297A has been paid or that the aircraft is exempt from the imposition of the sales tax pursuant to that chapter.
Subd. 2.
Payment to dealer.
In the case of aircraft purchased from a dealer holding a valid sales and use tax permit provided for by chapter 297A, the applicant shall present proof that the sales tax has been paid to such dealer.
Subd. 3.
Payment to others.
In the case of an aircraft purchased from a person who is not the holder of a valid sales and use tax permit as provided in subdivision 2, the applicant shall present a certificate from the commissioner of revenue that the sales and use tax has been paid.
Subd. 4.
Exemptions.
In the case of transactions which are exempt under the provisions of chapter 297A, the applicant shall present a certificate from the commissioner of revenue that no sales or use tax is due and owing.
Subd. 5.
Rules.
The commissioner of transportation in conjunction with the commissioner of revenue may adopt rules for the implementation of this section.
History:
1973 c 476 s 2; 1973 c 582 s 3; 1976 c 166 s 7; 1985 c 248 s 70