2023 South Carolina Code of Laws › Title 55 - Aeronautics › Chapter 11 - Particular Airports › Section 55-11-140. Powers and duties of Commission.

To the Commission is hereby committed the function of planning, establishing, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, protecting and policing an airport and air navigation facility to serve the people of the District and the public generally. To this end, the Commission may:
(1) Have perpetual succession.
(2) Adopt, use and alter a corporate seal.
(3) Make bylaws for the management and regulation of its affairs, and define a quorum for its meetings.
(4) Requisition, from time to time, monies from the State Treasurer which have been derived from the principal proceeds of general obligation bonds issued pursuant to 1959 Acts and Joint Resolutions (51 Statutes at Large) No. 99, whenever, in the opinion of the Commission, funds are required for any purposes for which the bonds shall have been issued. The requisition shall certify to the State Treasurer the sum which, in the opinion of the Commission, is required and shall set forth generally the nature of the purposes to which the monies are to be applied. Following the requisition of monies, they shall be deposited in any bank or trust company having an office within the district, and shall thereafter be withdrawn and expended by the Commission for the purposes for which the bonds were issued.
(5) Deposit and withdraw monies realized from the sale of revenue bonds issued pursuant to Section 55-11-150 and to expend the monies in the manner prescribed by the proceedings authorizing the issuance of the revenue bonds.
(6) Deposit monies derived from revenue producing facilities in any bank or trust company having an office within the district and withdraw the monies for the purpose of operating, maintaining, constructing, improving, and extending any facility in its charge.
(7) Plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police its airport and air navigation facility under such reasonable rules and regulations as the Commission may from time to time promulgate.
(8) Maintain and extend runways, terminals, maintenance shops, access roads, utilities systems, concessions, accommodations, and other facilities of whatever nature or kind for the comfort and accommodation of air travelers; purchase and sell supplies, goods and commodities as an incident to the operation of its airport facilities; and for all such purposes the Commission may by purchase, gift, devise, lease, eminent domain proceedings, or otherwise acquire, hold, develop, use, lease, mortgage, sell, transfer, and dispose of any property, real or personal, or any interest therein, including easements in airport hazards, or land outside the boundaries of its airport or airport site, necessary to permit the removal, elimination, obstruction-marking or obstruction-lighting, of airport hazards, or to prevent the establishment of airport hazards.
(9) License, lease, rent, sell or otherwise provide for the use of any of its airport facilities, including the privilege of supplying goods, commodities, things, services or facilities at such airport by any persons qualified to use them, as its discretion may dictate; provided, that in no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility, or portion or facility thereof.
(10) Place in effect and, from time to time, revise such schedules of licenses, rates, and charges for the use of its facilities as may be necessary or desirable to the orderly operation of the airport facility of the District; provided, that all such rates and charges shall be reasonable and nondiscriminatory.
(11) Exercise the power of eminent domain for any corporate function. The power may be exercised through any procedure prescribed by Sections 28-9-10 to 28-9-110. All powers conferred on municipalities under Sections 28-9-10 to 28-9-110 are conferred herein on the Commission.
(12) Appoint officers, agents, employees and servants and prescribe the duties of such, including the right to appoint persons charged with the duty of enforcing its rules and regulations as provided for in item (7) of this section, fix their compensation and determine if and to what extent they shall be bonded for the faithful performance of their duties.
(13) Employ engineers, architects and attorneys and contract for such other services of a technical or professional nature as may be necessary or desirable to the performance of the duties of the Commission.
(14) Make contracts for the construction, erection, maintenance and repair of the facilities in its charge, in accordance with the State Procurement Code, Chapter 35, Title 11.
(15) Apply for, accept, receive, receipt for, disburse and expend Federal, State, county or municipal monies and other monies, public or private, made available by grant or loan or both, to accomplish, in whole or in part, any of the purposes of this article and, to this end, continue to prosecute any application filed with the Federal Aviation Administration or any other federal agency, by joint action of the Spartanburg County and Greenville County legislative delegations and pay from the funds of the district any costs heretofore or hereafter incurred for any services rendered, since the date the application was filed, in connection with the procuring or processing of the application which are found by the commission to legitimately inure to the benefit of the district. All federal monies accepted under this section shall be accepted and expended by the commission upon such terms and conditions as are prescribed by the United States and as are consistent with state law, and all other monies accepted under this section shall be accepted and expended by the commission upon such terms and conditions as are prescribed by the State or other sources thereof.
(16) Do all other acts and things necessary or convenient to carry out any function or power committed or granted to the district.
HISTORY: 1962 Code Section 2-318; 1959 (51) 101; 1960 (51) 1712; 1961 (52) 264; 2012 Act No. 270, Section 5, eff June 18, 2012.
Editor's Note
Sections 28-9-10 to 28-9-110 referred to in item (11) are no longer operative. For provisions of the Eminent Domain Procedure Act, see Sections 28-2-10 et seq.
Effect of Amendment
The 2012 amendment rewrote subsection (14); substituted "Aviation" for "Civil Aeronautics" preceding, and deleted "or the Federal Airway Authority" following, "Administration" in subsection (15); and made other nonsubstantive changes throughout the section.