reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Airport" means and includes any one (1) or more airports or heliports and related facilities, including, but not limited to, land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots, and such other structures, facilities and improvements necessary or convenient to the development and maintenance of airports and heliports, and for the promotion and accommodation of air and space travel, commerce and navigation;
(2)
"Authority" means a metropolitan airport authority created pursuant to this chapter;
(3)
"Board" means the board of commissioners of an authority;
(4)
"Bonds" includes notes, interim certificates or other obligations of an authority;
(5)
"Carrier" means any person or corporation engaged in the air or space transportation of passengers or cargo;
(6)
"Creating municipality" means any city or metropolitan government having a population of not less than one hundred thousand (100,000), or any county in which any such city shall be situated, that shall create an authority pursuant to this chapter;
(7)
"Executive officer" means the mayor, county executive, or other chief executive officer of any creating or participating municipality;
(8)
"Governing body" means the chief legislative body of any creating or participating municipality;
(9)
"Participating municipality" means any city, town or county; which city, town or county, pursuant to a resolution of its governing body and an agreement with the creating municipality, has sold, leased, dedicated, donated or otherwise conveyed its airport to the authority for operation by the authority in order to make the airport an operational part of its airport system; and
(10)
"State" means the state of Tennessee.
Acts 1969, ch. 174, § 3; T.C.A., § 42-703.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-104 - Creation of a metropolitan airport authority

(a)
Any city or metropolitan government having a population of not less than one hundred thousand (100,000), or any county including any such city, may create a metropolitan airport authority in the manner provided in this section.
(b)
(1)
The governing body of the creating municipality shall adopt, and its executive officer shall approve, a resolution calling a public hearing on the question of creating an authority.
(2)
Notice of the date, hour, place and purpose of the hearing shall be published at least once each week for two (2) consecutive weeks in a newspaper of general circulation in the creating municipality, the last such publication to be at least one (1) week prior to the date set for the hearing.
(3)
The hearing shall be had before the governing body and all interested persons shall have an opportunity to be heard.
(c)
(1)
After the hearing, if the governing body determines that the public convenience and necessity require the creation of an authority, it shall adopt, and its executive officer shall approve, a resolution so declaring and creating an authority, which resolution shall also designate the name and principal office address of the authority.
(2)
A certified copy of the resolution shall be filed with the secretary of state and with the department of transportation, together with the resolution approving the appointment of the board as provided in §
42-4-105
, and, upon adoption and filing, the authority shall constitute a body politic and corporate, with all the powers provided in this chapter.
(3)
A certified copy of the resolution shall also be filed with the administrator of the federal aviation administration.
(d)
(1)
Whenever an authority is created under this chapter, the creating municipality and any participating municipality shall enter into an agreement with the authority for the orderly transfer to the authority of the airport properties, functions, and outstanding obligations of the municipalities.
(2)
The agreement may include provisions for the reimbursement to any such municipality for its obligations issued for airport purposes, and the agreement may also include provisions for the payment of tax equivalents by the authority and its lessees on all or any part of the properties owned by the authority and any improvements owned by the authority or its lessees to the principal and/or participating municipalities.
Acts 1969, ch. 174, § 4; impl. am. Acts 1972, ch. 829, § 16; T.C.A., § 42-704.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-106 - Officers

(a)
The board shall appoint a president, who shall be the chief executive and administrative officer of the authority, and shall enter into a contract with the president establishing salary and term of office.
(b)
The president shall appoint, and the board shall confirm, the following additional officers: secretary, auditor, legal counsel, treasurer, and chief engineer. Notwithstanding this section to the contrary, for a board of commissioners of the authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, the president shall appoint, and the board shall confirm, an independent financial auditing firm and the following additional officers: secretary, chief financial officer, general counsel, and chief operating officer.
(c)
All other officers and employees of the authority shall be appointed by the president, subject to any civil service plan adopted by the board.
(d)
(1)
The president shall prepare annually the operating budget of the authority and submit the budget to the board for approval at least sixty (60) days prior to the beginning of the fiscal year.
(2)
If the budget has not been acted upon by the board on the first day of the fiscal year, it shall then automatically go into effect.
(3)
The president shall submit the approved annual operating budget to the governor, the speaker of the house of representatives, and the speaker of the senate for review.
(e)
The president shall also submit such periodic reports to the board as it may direct.
(f)
The president shall attend all meetings of the board.
Amended by 2023 Tenn. Acts, ch. 488,s 5, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 488,s 4, eff. 7/1/2023.
Acts 1969, ch. 174, § 6; T.C.A., § 42-706.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-108 - Eminent domain

(a)
Any participating or creating municipality may acquire any interest in land within the boundaries of the creating or participating municipality by gift, purchase, lease or condemnation, and may transfer such interest to an authority by sale, lease or gift. The transfer may be authorized by ordinance of the governing body of the municipality without submission of the question to the voters and without regard to the requirements, restrictions, limitations, or other provisions contained in any other general, special, or local law.
(b)
Notwithstanding subsection (a) to the contrary, an authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, shall proceed in accordance with title 29, chapter 16, in the acquisition of property by eminent domain proceedings authorized by this chapter. For the purpose of making surveys and examinations relative to eminent domain proceedings, it is lawful for the authority to enter upon the land, doing no unnecessary damage. Notwithstanding another law to the contrary, an authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings. The authority shall not be precluded from abandoning the proceedings in a case where possession of the property has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.
Amended by 2023 Tenn. Acts, ch. 488,s 8, eff. 7/1/2023.
Acts 1969, ch. 174, § 8; T.C.A., § 42-708.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-110 - Civil service

(a)
The authority, by action of its board, may elect to come under the civil service plan of the creating municipality, to be administered by the civil service commission or board of the municipality; or may adopt its own civil service plan to be administered by the board, which plan shall include, but need not be limited to, the following provisions:
(1)
Entry into the service on the basis of open competition; and service, promotions and remuneration on the basis of merit, efficiency and fitness;
(2)
Classifications of the positions in the service;
(3)
The rating of candidates on the basis of publicly announced job requirements and the maintenance of lists of eligible candidates;
(4)
Employment of candidates from the eligible lists in the highest qualified rating;
(5)
Probationary periods not to exceed six (6) months unless extended for disciplinary reasons;
(6)
Suspensions, demotions or discharge of employees for cause only with the right of notice and review;
(7)
Schedules of compensation and pay increases prepared by the president, or the president's designee, and approved by the board;
(8)
Promotion on the basis of ascertained merit, seniority in service, and satisfaction of job requirements;
(9)
Provision for keeping service records on all employees;
(10)
Regulations for hours of work, attendance, holidays, leaves of absence and transfers; and procedures for layoffs, discharge, suspension, discipline and reinstatement; and
(11)
Review by the board, or its designee pursuant to subsection (c), at the request of the employee in question and after notice and public hearing of disciplinary actions, including demotion, suspension in excess of five (5) days or discharge of any employee, which disciplinary actions, suspension or discharge may be affirmed or reversed. Findings of fact by the board shall not be subject to review by any court except for illegality or want of jurisdiction.
(b)
A civil service plan adopted and administered by the board may include a provision exempting from the plan those persons employed to render professional, scientific, technical or expert service of a temporary or unusual character; persons primarily employed on projects funded from the proceeds of bonds issued by the authority or from grants or loans to be repaid from the proceeds of bonds issued by the authority or from grants received by the authority; and persons employed for a period of less than six (6) months in any twelve-month period or working thirty (30) hours or less per week.
(c)
A civil service plan adopted and administered by the board may include a provision empowering the board to contract with the secretary of state for the use of administrative law judges duly appointed pursuant to §
4-5-102(1)
, or to delegate to any other designated persons, on a case-by-case basis, the authority to hear appeals and decide whether any disciplinary action taken should be affirmed or reversed.
Acts 1969, ch. 174, § 10; T.C.A., § 42-710; Acts 1984, ch. 853, § 3; 1998, ch. 744, § 1.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-111 - Certain powers of municipal corporations

Any creating municipality and any participating municipality has all necessary powers in order to further the purposes of this chapter, any or all of which powers may be exercised by resolution of its governing body. Such powers include, without limitation, the power to:
(1)
Advance, donate or lend money or real or personal property to the authority;
(2)
Provide that any funds on hand or to become available to it for airport purposes shall be paid directly to the authority;
(3)
Cause water, sewer, gas, electric or other utility services to be provided to the authority's airport;
(4)
Sell, lease, dedicate, donate or otherwise convey to the authority any of its interest in any existing airport or other related property, or grant easements, licenses or other rights or privileges therein to the authority;
(5)
Open and improve streets, roads and alleys to the airport;
(6)
Provide police and fire protection services to the airport; and
(7)
Enter into agreements with the authority with regard to the transfer of its airport employees to the authority with the retention by such employees of any civil service status and accrued rights in pension, disability, hospitalization and death benefits.
Acts 1969, ch. 174, § 11; T.C.A., § 42-711.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-112 - Municipal zoning authority unaffected

This chapter does not limit any power of a municipality to regulate airport hazards by zoning. Notwithstanding this section to the contrary, in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, airport hazards must be regulated pursuant to §
42-4-107(20)
.
Amended by 2023 Tenn. Acts, ch. 488, s 9, eff. 7/1/2023.
Acts 1969, ch. 174, § 12; T.C.A., § 42-712.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-113 - Dissolution - Disposition of property

(a)
Whenever the governing bodies of the creating municipality and the participating municipalities shall each by resolution determine that the purposes for which the authority was created have been substantially accomplished, that all of the bonds and other obligations of the authority have been fully paid, and that the municipalities have agreed on the distribution of the funds and other properties of the authority, then the executive officers of the municipalities shall execute and file for record with the secretary of state a joint certificate of dissolution reciting those facts and declaring the authority to be dissolved.
(b)
Upon filing the certificate, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of the dissolution shall vest in and be delivered to such municipalities in accordance with the terms of their agreement relating thereto.
Acts 1969, ch. 174, § 13; T.C.A., § 42-713.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-114 - Supplemental nature of chapter

(a)
The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law, and are not in substitution for such powers, and the limitations imposed by this chapter shall not affect powers conferred by any other law.
(b)
The powers granted by this chapter may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter, except as expressly provided in this chapter.
(c)
Any metropolitan government or any home rule municipality authorized under this chapter to create a metropolitan airport authority may do so without the necessity of a charter amendment, notwithstanding anything in its charter to the contrary.
Acts 1969, ch. 174, § 14; T.C.A., § 42-714.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-115 - Construction - Chapter controlling

The provisions of this chapter shall be liberally construed to effect the purposes of this chapter, and insofar as this chapter may be inconsistent with the provisions of any other law, this chapter shall be controlling.
Acts 1969, ch. 174, § 16; T.C.A., § 42-715.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-116 - Taxation

(a)
Whenever any airport in regard to which an authority has been created exists outside the territorial limits of the creating municipality, any vocation, occupation, business or business activity located upon the premises, grounds, and/or property of the airport shall be subject to be taxed by both any municipality or county in which the airport is actually located and by the creating municipality to the extent and in the manner provided by law.
(b)
(1)
This section does not apply to counties having a population of between two hundred eighty-five thousand (285,000) and two hundred ninety thousand (290,000), according to the 1980 federal census.
(2)
This section does not apply to any county having a population of:
not less than
nor more than
100,000
200,000
450,000
550,000
600,001
according to the 1980 federal census or any subsequent federal census.
(3)
This section does not apply to any county having a metropolitan form of government.
(4)
This section does not apply to any municipality or county creating, controlling, or operating, in part, an airport or air navigation facility created, controlled, or operated, in part, by at least four (4) political subdivisions of this state and a political subdivision of an adjacent state, which airport is located outside the territorial limits of the municipality or county.
Acts 1983, ch. 466, §§ 2, 4-7.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-117 - Noise compatibility program - Noise abatement study

(a)
Each metropolitan airport authority that has a major airline, air carrier, or air parcel hub operation that undertakes a noise compatibility program under part 150 of the federal air regulations, or any other study relating to noise abatement, shall be required to file a copy of the program or study with the departments of environment and conservation and transportation. All revisions or updates to the program or study also shall be filed with such departments as soon as practicable after their completion.
(b)
It is the expressed intent of the general assembly that this section be informational to ensure that such departments have access to full and complete data so that these departments are better able to assist and serve the citizens of Tennessee.
Acts 1987, ch. 426, § 1; 1992, ch. 693, § 1.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-101 - Short title

This chapter shall be known and may be cited as the "Municipal Airport Act."
Acts 1957, ch. 375, § 24; T.C.A., § 42-301.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Air navigation facility" means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and combination of any or all of such facilities;
(2)
"Airport" means any area of land or water that is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements, or rights-of-way, together with all airport buildings and facilities located thereon;
(3)
"Airport hazard" means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft;
(4)
"Avigation easement" means any easement that includes all or any part of the following: the right to unobstructed and unrestricted flight of aircraft, in, through, and across the airspace over and above certain described land, beginning at the altitude or height above the surface of the land as determined by the municipality; the right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures, or facilities, and the growth of any trees or objects upon the real estate over, above and across the certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and the right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons thereon;
(5)
"Commissioner" means the commissioner of transportation;
(6)
"Department" means the department of transportation;
(7)
"Municipal" means pertaining to a municipality as defined in this section;
(8)
"Municipality" means any county, incorporated city, or incorporated town of this state; and
(9)
"Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee or other similar representative thereof.
Acts 1957, ch. 375, § 1; 1977, ch. 471, § 2; T.C.A., § 42-302; Acts 1981, ch. 264, § 17.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-103 - Establishment of airports and air navigation facilities - Operation - Land acquisition

(a)
Every municipality is authorized, out of any appropriations or other moneys made available for such purposes, to plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the territorial limits of such municipality and within or without the territorial boundaries of this state, including the construction, installation, equipment, maintenance and operation at such 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. For such purposes, the municipality may use any available property that it may now or hereafter own or control and may, by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire property, real or personal, or any interest therein, including avigation easements and easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airport or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards or to prevent the establishment of airport hazards.
(b)
(1)
If the land for a proposed or planned airport is located outside the corporate limits of a municipality, then the municipality shall also gain approval from the county commission of the county where the land is located before proceeding with the acquisition of such land by eminent domain.
(2)
(A)
Subdivision (b)(1) shall not apply to any airport that has scheduled air passenger service and a control tower in existence or under construction upon April 27, 1995.
(B)
Subdivision (b)(1) shall not be applicable to renovations, expansions or future renovations or expansions of airports in existence on January 1, 1995; provided, that the property to be used for the renovations or expansions is currently owned by the airport or is contiguous or adjacent to property currently owned by the airport.
(C)
Subdivision (b)(1) shall apply to any airport not actually under construction on or before January 1, 1995.
Acts 1957, ch. 375, § 2; T.C.A., § 42-303; Acts 1995, ch. 148, §§ 1-4.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-104 - Acquisition of existing airports

The municipality may by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire existing airports and air navigation facilities; provided, that it shall not acquire or take over 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.
Acts 1957, ch. 375, § 2; T.C.A., § 42-304.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-105 - Establishment of airports on public waters and reclaimed lands

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 such public waters, and any artificial or reclaimed lands that before the artificial making or reclamation thereof constituted a portion of the submerged lands under public waters; and may construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any such airport, and landing floats and breakwaters for the protection of any such airport.
Acts 1957, ch. 375, § 2; T.C.A., § 42-305.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-106 - Limitation on design and operation of air navigation facilities

All air navigation facilities established or operated by municipalities shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.
Acts 1957, ch. 375, § 2; T.C.A., § 42-306.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-107 - Public purpose of airports

Any airport so acquired, owned, leased, controlled or occupied by municipalities shall be and is declared to be acquired, owned, leased, controlled or occupied for a public purpose.
Acts 1957, ch. 375, § 2; T.C.A., § 42-307.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-108 - Eminent domain

(a)
In the acquisition of property by eminent domain proceedings authorized by this chapter, the municipality shall proceed in the manner provided by title 29, chapter 16. For the purpose of making surveys and examinations relative to any eminent domain proceedings, it is lawful to enter upon any land, doing no unnecessary damage.
(b)
Notwithstanding any other statute or of any applicable municipal charter, the municipality may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings.
(c)
The municipality shall not be precluded from abandoning eminent domain proceedings in any case where possession of the property has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken by the proceedings and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.
Acts 1957, ch. 375, § 3; T.C.A., § 42-308.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-109 - Disposal of airport property

Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to §
42-5-119
, every municipality may, by sale, lease or otherwise, dispose of any airport, air navigation facility or other property, or portion thereof or interest therein, acquired pursuant to this chapter, subject, however, to any contractual obligations with respect thereto. Disposal by sale, lease or otherwise shall be in accordance with the laws of this state, or provisions of the charter of the municipality, governing the disposition of other property of the municipality, except that in the case of disposal to another municipality or agency of the state or federal government for aeronautical purposes incident thereto, the sale, lease or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may deem in the best interest of the municipality.
Acts 1957, ch. 375, § 4; 1961, ch. 322, § 1; T.C.A., § 42-309.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-111 - Liens

To enforce the payment of any charges for repairs or improvements to, or storage or care of, any personal property made or furnished by the municipality or its agents in connection with the operation of an airport or air navigation facility owned or operated by the municipality, the municipality shall have liens on the property that are enforceable by the municipality as provided by §
66-21-101
.
Acts 1957, ch. 375, § 6; T.C.A., § 42-311.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-112 - Delegation of authority to airport officer or board

Any authority vested by this chapter in a municipality or in the governing body thereof, for the planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing of airports or other air navigation facilities established, owned or controlled, or to be established, owned or controlled by the municipality, may be vested by resolution of the governing body of the municipality in an officer or board or other municipal agency whose powers and duties shall be prescribed in the resolution; provided, that the expense of planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing shall be a responsibility of the municipality. Any officer or board or other municipal agency that, pursuant to §§
42-5-101
- 42-5-110, formerly §§ 42-301 - 42-310, inclusive, as enacted by Acts 1955, ch. 6, prior to the repeal of those sections by Acts 1957, ch. 375, has, by municipal resolution or ordinance, been delegated such authority as in this section provided, has all power and authority as is authorized by this chapter for such officer or board or municipal agency.
Acts 1957, ch. 375, § 7; T.C.A., § 42-312.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-114 - Appropriations and taxation

(a)
The governing body of any municipality having power to appropriate and raise money is authorized to appropriate and to raise by taxation or otherwise sufficient moneys to carry out the provisions and purposes of this chapter.
(b)
Regardless of any limitation by general or special law or charter as to the amount or total of taxes that may be levied, taxes may be levied by the governing body of a municipality for the purposes of this chapter in excess of any such limitation; provided, that such amount in excess of the limitation is authorized by an ordinance or resolution referred to and approved by a majority of the voters of the municipality voting in an election to approve or disapprove the ordinance or resolution.
(c)
Nothing in this section shall be deemed to require or to have required an election to authorize the levy of ad valorem taxes, without limitation of rate or amount, for the payment of the principal of and interest on bonds or other obligations of a municipality issued for any of the purposes listed in §
42-5-115
when the provisions of any other section or chapter of this code, or any other general or special law or charter, under the authority of which such bonds or other obligations are or were issued, and the proceedings authorizing the issuance of such bonds taken pursuant thereto, provide for the levy of taxes, without limitation of rate or amount, for the payment of the principal of and interest on such bonds or other obligations.
Acts 1957, ch. 375, § 9; 1961, ch. 322, § 2; T.C.A., § 42-314.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-115 - Bond issues - Notes - Financing acquisition costs and improvements

The cost of planning, acquiring, establishing, developing, constructing, enlarging, improving, maintaining or equipping an airport or air navigation facility, or the site therefor, including buildings, structures and other facilities incidental to the operation thereof or relating thereto, the acquisition of avigation easements, and the acquisition or elimination of airport hazards, may be paid for wholly or partly from the proceeds of the sale of bonds or other obligations of the municipality, as the governing body of the municipality shall determine. The bonds or other obligations may be issued by a county in accordance with title 5, chapter 11 [repealed] and by an incorporated city or incorporated town in accordance with title 7, chapter 36 [repealed]; provided, that any landing fees, concession fees, rents, charges, or any other revenues derived from the operation of an airport, pledged as security for the bonds, that are fixed and established by the provisions of a lease or contract, shall not be subject to revision or change during the term of such lease or contract except in the manner provided in the lease or contract.
Acts 1957, ch. 375, § 10; 1961, ch. 322, § 3; T.C.A., § 42-315.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-116 - Validation of prior acquisitions, actions and bond issues

(a)
Any acquisition of property previously made, within or without the limits of any municipality or the state, for the purposes authorized by this chapter, and any other action previously taken by a municipality in furtherance of those purposes, including, but not limited to, the making of appropriations, the expenditure of money, the incurring of debts, the acceptance and disbursement of federal, state or other grants or loans, the issuance and payment of bonds and notes, the execution of leases and contracts, which acquisition or action would have been authorized had this chapter been in effect at the time of the acquisition or action, is ratified and made valid.
(b)
All bonds and notes previously issued in furtherance of purposes authorized by this chapter and actions ratified by this section are confirmed as legal obligations of the municipality, and, without prejudice to the general powers granted to the municipality by this chapter, the municipality is authorized to issue further bonds and notes for such purposes up to the limit fixed in the original authorization therefor, which bonds and notes shall be legal obligations in accordance with their terms.
Acts 1957, ch. 375, § 11; T.C.A., § 42-316.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-117 - Bond issues ratified and validated - Bonding power supplemental

All bonds issued prior to March 17, 1961, and all proceedings taken by any municipality of this state prior to March 17, 1961, to authorize the issuance of bonds for airport purposes of whatsoever nature, including, but not limited to, the cost of planning, acquiring, establishing, developing, constructing, enlarging, improving, maintaining or equipping an airport or air navigation facility, or the site therefor, including the buildings, structures and other facilities incidental to the operation thereof or relating thereto, the acquisition of avigation easements and the acquisition or elimination of airport hazards, are ratified, validated and confirmed, and such bonds are declared to be valid and legally binding obligations payable in accordance with their terms, notwithstanding any lack of power of the governing body of the municipality to authorize and issue the bonds and provide for the payment thereof in the manner stated in the bonds and in the proceedings authorizing their issuance, and notwithstanding any defects or irregularities in any such proceedings or the failure of any such proceedings to comply with any of the provisions of this chapter known as the "Municipal Airport Act," or with any of the provisions of any other section or chapter of this code or any other general or special law or charter. The power to issue bonds for airport purposes of whatsoever nature, conferred by this chapter, is declared to have been and to be, and shall be, in addition and supplemental to the powers conferred by any other section or chapter of this code or any other general or special law or charter, and none of the provisions of this chapter shall be deemed to have affected, or shall affect, the powers conferred by any other section or chapter of this code or any other general or special law or charter to issue bonds for airport purposes of whatsoever nature, and this chapter shall not be construed to have been, or to be, in substitution for the powers conferred by any other section or chapter of this code or any other general or special law or charter.
Acts 1961, ch. 322, § 6; T.C.A., § 42-331.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-118 - Application of airport revenues and sale proceeds

The revenues obtained by a municipality from the ownership, control or operation of any airport or air navigation facility, including proceeds from the sale of any airport or portion thereof or air navigation facility property, may, subject to any contractual obligations with respect thereto, be used by a municipality for any municipal purpose, and any use thereof made prior to March 17, 1961, for any municipal purpose is ratified, validated and confirmed.
Acts 1957, ch. 375, § 12; 1961, ch. 322, § 4; T.C.A., § 42-317.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-119 - Federal and state aid

(a)
Acceptance Authorized; Conditions.
Except as otherwise provided by law, every municipality is authorized to accept, receive, receipt for, disburse and expend federal and state moneys and other moneys, public or private, made available by grant or loan or both to accomplish in whole or in part any of the purposes of this chapter. All federal moneys 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 moneys 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 moneys were received and except as otherwise provided by law, the chief financial officer of the municipality shall, on its behalf, deposit all moneys received pursuant to this section and shall keep them in separate funds designated according to the purposes for which the moneys were made available, in trust for such purposes.
(b)
Department as Agent for Municipalities in Receiving Certain Federal Funds; Exceptions.
(1)
The department shall act as agent for each municipality for the purposes of applying for, receiving and disbursing federal funds made available pursuant to the former Airport and Airway Development Act of 1970, 84 Stat. 219,
49 U.S.C., § 1701
et seq. [repealed], or any amendment thereto, unless the municipality owns an airport having a minimum of twenty-five thousand (25,000) originating enplanements annually on regularly scheduled airline carriers as certified by the federal civil aeronautics board, in which event the municipality may act as principal with respect to any airport owned by it, or may designate the department as its agent for such purposes. All funds received by the department shall be deposited in the state treasury to be kept and disbursed in a manner consistent with federal requirements.
(2)
Whenever the department acts as agent, it may do so for an individual municipality or municipalities acting jointly and the applicable provisions of §
42-2-203(c)
shall apply under either circumstance.
Acts 1957, ch. 375, § 13; 1977, ch. 200, §§ 1, 2; T.C.A., § 42-318.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-120 - Contracts

A municipality may enter into any contracts necessary to the execution of the powers granted it, and for the purposes provided by this chapter.
Acts 1957, ch. 375, § 14; T.C.A., § 42-319.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-121 - Mutual aid

If any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality or municipalities in exercising the powers and authority granted by this chapter, the municipality may furnish assistance by gift of real or personal property, or lease or loan thereof with or without charge or interest. In appropriating property or money and providing for assistance by taxation, the issuance of bonds, or other means, the municipality may exercise all of its powers as though used for its own direct purposes as provided in this chapter.
Acts 1957, ch. 375, § 15; T.C.A., § 42-320.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-122 - Public purpose - County and municipal purpose

(a)
The acquisition of any land or interest in land pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports and air navigation facilities, including the acquisition of avigation easements or the acquisition or elimination of airport hazards, and the exercise of any other powers granted by this chapter to municipalities and other public agencies, to be severally or jointly exercised, are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity, and in the case of any county, are declared to be county functions and purposes as well as public and governmental, and in the case of any municipality, other than a county, are declared to be municipal functions and purposes as well as public and governmental.
(b)
All land and other property and privileges acquired and used by or on behalf of any municipality or other public agency in the manner and for the purposes enumerated in this chapter shall and are declared to be acquired and used for public and governmental purposes and as a matter of public necessity, and, in the case of a county or municipality, for county or municipal purposes, respectively.
(c)
No action or suit shall be brought or maintained against any municipality, or its officers, agents, servants or employees, in or about the construction, maintenance, operation, superintendence, or management of any municipal airport.
(d)
Nothing in this section shall be construed to prohibit any action, suit, or proceeding by or on behalf of any holder of bonds of a municipality previously or hereafter issued for airport purposes of whatever nature, pursuant to this chapter, or pursuant to any other section or chapter of this code, or any other general or special law or charter.
Acts 1957, ch. 375, § 17; 1961, ch. 322, § 5; T.C.A., § 42-326.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-123 - Airport property and income exempt from taxation

Any property in this state acquired by a municipality for airport purposes pursuant to this chapter, and any income derived by such municipality from the ownership, operation or control of that property, shall be exempt from taxation to the same extent as other property used for public purposes. Any municipality is authorized to exempt from municipal taxation any property, acquired within its boundaries by a public agency of another state for airport purposes, and any income derived from such property, to the extent that the other state authorizes similar exemptions from taxation to municipalities of this state.
Acts 1957, ch. 375, § 18; T.C.A., § 42-327.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-124 - Supplementary authority

In addition to the general and special powers conferred by this chapter, every municipality is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers.
Acts 1957, ch. 375, § 19; T.C.A., § 42-328.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-125 - Airport zoning authority unaffected

Nothing contained in this chapter shall be construed to limit any right, power or authority of a municipality to regulate airport hazards by zoning.
Acts 1957, ch. 375, § 20; T.C.A., § 42-329.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 5 - COUNTY AND MUNICIPAL AIRPORTS (§§ 42-5-101 — 42-5-205) › Part 1 - GENERAL PROVISIONS (§§ 42-5-101 — 42-5-126) › Section 42-5-126 - Interpretation and construction

This chapter shall be so interpreted and construed as to make uniform as 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 municipal airports.
Acts 1957, ch. 375, § 21; T.C.A., § 42-330.