reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-212 - Investigations - Hearings

(a)
General Power of Department; Accidents; Witnesses; Subpoenas; Court Order.
The department, or any person designated by the department, has the power to hold investigations, inquiries and hearings concerning matters covered by this chapter and the rules, regulations, and orders of the department, and concerning accidents in aeronautics within this state. Hearings shall be open to the public, and except as provided in §
42-2-216
, shall be held upon such call or notice as the department may deem advisable. The department, and every person designated by the department to hold any inquiry, investigation or hearing, has the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books and documents. In case of the failure of any person to comply with any subpoena or order issued under the authority of this section, the department or its authorized representative may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order that person to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as contempt of court.
(b)
Use and Limitations on Reports of Investigations.
In order to facilitate the making of investigations by the department in the interest of public safety and promotion of aeronautics the public interest requires, and it is therefore provided, that the reports of investigations or hearings, or any part of the reports, shall not be admitted in evidence or used for any purpose in any suit, action or proceeding growing out of any matter referred to in the investigation, hearing or report, except in case of any suit, action or proceeding, civil or criminal, instituted by or in behalf of the department in the name of the state under this chapter or other laws of the state relating to aeronautics; nor shall the department, or the commissioner, or any agent or employee of the department, be required to testify to any facts ascertained in, or information gained by reason of, its official capacity, or be required to testify as an expert witness in any suit, action or proceeding involving any aircraft. Subject to this subsection (b), the department may in its discretion make available to appropriate federal, state and municipal agencies information and material developed in the course of its investigations and hearings.
Acts 1957, ch. 374, § 16; 1972, ch. 829, § 21; T.C.A., §§ 42-224, 42-2-123.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-213 - Federal-state joint hearings - Reciprocal services - Accident reporting

(a)
The department is authorized to confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under this chapter, or relating to the sound development of aeronautics.
(b)
The department is authorized to avail itself of the cooperation, services, records and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this chapter. The department shall furnish to the agencies of the United States its cooperation, services, records and facilities, insofar as may be practicable.
(c)
The department shall report to the appropriate agency of the United States all accidents in aeronautics in this state of which it is informed, and shall insofar as is practicable preserve, protect and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation.
Acts 1957, ch. 374, § 17; 1972, ch. 829, § 21; T.C.A., §§ 42-225, 42-2-124.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-214 - Use of state and municipal facilities and services

In carrying out this chapter, the department may use the facilities and services of other agencies of the state and of the municipalities of the state to the utmost extent possible, and agencies and municipalities are authorized and directed to make available their facilities and services.
Acts 1957, ch. 374, § 18; 1972, ch. 829, § 21; T.C.A., §§ 42-226, 42-2-125.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-215 - Enforcement of aeronautics laws

(a)
It is the duty of the department, the commissioner and employees of the department, and every state and municipal officer charged with the enforcement of state and municipal laws, to enforce and assist in the enforcement of this chapter and of all rules, regulations and orders issued pursuant to this chapter and of all other laws of this state relating to aeronautics; and in that connection each of the persons mentioned in this section is authorized to inspect and examine at reasonable hours any premises, and the buildings and other structures on the premises, where airports, air navigation facilities, air schools, or other aeronautical activities are operated or conducted. In aid of the enforcement of this chapter, the rules, regulations and orders issued pursuant to this chapter and of all other laws of the state relative to aeronautics, general police powers are conferred upon the department, the commissioner, and employees of the department designated by the department to exercise those powers.
(b)
The department is authorized, in the name of the state, to enforce this chapter and the rules, resolutions and orders issued pursuant to this chapter by injunction or other legal process in the courts of this state.
Acts 1957, ch. 374, § 19; 1972, ch. 829, § 21; T.C.A., §§ 42-227, 42-2-126.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-216 - Orders - Notice and opportunity for hearings - Judicial review

Every order of the department requiring performance of certain acts or compliance with certain requirements and any denial or revocation of any approval, certificate or license shall set forth the reasons and shall state the acts to be done or requirements to be met before approval by the department will be given or the approval, license or certificate granted or restored, or the order modified or changed. Orders issued by the department pursuant to this chapter shall be served upon the persons affected either by registered mail or in person. In every case where notice and opportunity for hearing are required under this chapter, except by agreement of the parties, the order of the department shall, on not less than ten (10) days' notice, specify a time when and place where the person affected may be heard, or the time within which the person may request a hearing, and the order shall become effective upon the expiration of the time for exercising the opportunity for hearing, unless a hearing is held or requested within the time provided, in which case the order shall be suspended until the department affirms, disaffirms or modifies such order after hearing held or default by the person affected. To the extent practicable, a hearing on the order shall be held in the county where the affected person resides or does business. Any person aggrieved by an order of the department or by the grant, denial, or revocation of any approval, license or certificate may have the action of the department reviewed by the courts of this state in the manner provided for, and subject to the rules of law applicable to, the review of the orders of other administrative bodies of the state, as set forth in title 27, chapter 9.
Acts 1957, ch. 374, § 20; 1972, ch. 829, § 21; T.C.A., §§ 42-228, 42-2-127.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-217 - Exchange of violations information

The department is authorized to report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violation of §§
42-1-201
,
42-1-202
and
42-2-104
and all penalties, of which it has knowledge, imposed upon pilots or the owners or operators of aircraft for violations of the law of this state relating to aeronautics or for violations of the rules, regulations or orders of the department. The department is authorized to receive reports of penalties and other data from agencies of the federal government and other states and, when necessary, to enter into agreements with federal agencies and the agencies of other states governing the delivery, receipt, exchange and use of reports and data. The department may make the reports and data of the federal agencies, the agencies of other states, and the courts of the state available, with or without request for the reports and data, to any and all courts of this state, and to any officer of the state or of a municipality authorized pursuant to §
42-2-215
to enforce the aeronautics laws.
Acts 1957, ch. 374, § 24; 1972, ch. 829, § 21; T.C.A., §§ 42-230, 42-2-129.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-218 - Funds expendable for promotion of aeronautics

The department is authorized to spend funds that may be available for the purpose of furthering aeronautics generally in the state of Tennessee.
Acts 1957, ch. 374, § 25; 1972, ch. 829, § 21; T.C.A., §§ 42-231, 42-2-130.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-219 - Certificates of public convenience and necessity - Granting - Fees

The department has the exclusive jurisdiction of granting certificates of public convenience and necessity for the operation of common carriers by air for the transportation of persons or property. Upon the filing of an application for a certificate of public convenience and necessity, the department shall, within a reasonable time, fix a time and place for hearing the application, not less than twenty (20) days after the filing, and shall hear and determine the application within a reasonable length of time. If the department finds that the proposed operation is justified, and that the applicant is fit, willing and able to properly perform the services proposed and to conform to this chapter and the requirements, rules and regulations of the department, it shall issue a certificate to the applicant, subject to the terms, limitations and restrictions the department may deem proper, authorizing in whole or in part the operation covered by the application. If the department finds that the proposed operation is not justified, the application shall be denied. At the time an application is filed, the department shall require the payment of an application fee, which shall be set by the department at an amount sufficient to defray the usual costs of a hearing. Nothing in this section in any way applies to an air carrier operating by authority of a certificate, or certificates, of public convenience and necessity issued by the civil aeronautics authority, the civil aeronautics board, or any other federal agency authorized to issue such certificates.
Acts 1957, ch. 374, § 26; 1972, ch. 829, § 21; T.C.A., §§ 42-232, 42-2-131.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-220 - Cooperation with federal agencies

The department is empowered to work in connection with the Tennessee valley authority, or any department or agency of the federal government, for the purpose of rendering service or advancing aeronautics generally in the state, and to spend such available funds as are necessary to carry out the work.
Acts 1957, ch. 374, § 27; 1972, ch. 829, § 21; T.C.A., §§ 42-233, 42-2-132.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-221 - Air schools - Establishment and maintenance

The department is empowered to establish and maintain or aid in the establishment and maintenance of air schools offering instructions in aeronautics, either in flying or ground subjects or both, for the purpose of fostering aeronautics in Tennessee.
Acts 1957, ch. 374, § 28; 1972, ch. 829, § 21; T.C.A., §§ 42-234, 42-2-133.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-222 - Audits of municipalities receiving state aid - Withholding aid where funds improperly used

The department is charged with the express duty of auditing the books of any municipality or airport authority of this state that receives any of the funds appropriated or allocated by the state of Tennessee, insofar as may be necessary to determine that the funds are used solely and exclusively for the purpose of advancing the aviation program in the state and for no other purpose. In the event any municipality refuses the department or its representatives the right to make an audit, or in the event any such municipality or airport authority has misused the funds, then the department is empowered to and shall direct the withholding of any further distribution of state funds to the municipality or airport authority until it has reimbursed and restored to its aeronautics fund the amount so misused. The state treasurer, the commissioner of finance and administration and the commissioner of revenue shall respect and be governed by any withholding orders issued by the department under this section.
Acts 1957, ch. 374, § 29; impl. am. Acts 1959, ch. 9, §§ 3, 14; impl. am. Acts 1961, ch. 97, § 3; 1972, ch. 829, § 21; 1977, ch. 137, § 8; T.C.A., §§ 42-235, 42-2-134.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-223 - Department as agent for municipalities and airport authorities in receiving certain federal funds - Exceptions

(a)
The department shall act as agent for each municipality and airport authority 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. 1970
ed. § 1701 et seq. [repealed], or any amendment thereto, unless a municipality or an airport authority 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 or airport authority may act as principal with respect to any airport owned by it, or it may designate the department as its agent for the purposes mentioned in this subsection (a).
(b)
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.
Acts 1957, ch. 374, § 30; 1972, ch. 829, § 21; 1977, ch. 137, § 9; T.C.A., §§ 42-236, 42-2-135.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-224 - Procedure, rules and regulations governing department - Statutes governing procedure before Tennessee public utility commission applicable

(a)
Sections
4-5-322
,
4-5-323
,
65-2-101
- 65-2-109, and 65-2-112 - 65-2-121 shall also apply to the department of transportation and all procedures and proceedings of such department for the purposes of all matters within the jurisdiction of the department.
(b)
"Commission," as used in the sections referred to in subsection (a), means the department of transportation.
Acts 1957, ch. 374, § 32; 1972, ch. 829, § 21; T.C.A., §§ 42-238, 42-2-137.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-225 - Reporter - Official record - Transcripts

The department is authorized and directed to employ a competent court reporter or stenographer, whose salary or charges shall be paid out of the general appropriations for the department, and whose duties it shall be to take down and transcribe all testimony offered in contested cases, to prepare the official record of all contested cases, which record shall include all petitions, applications, testimony, exhibits and such other matter as required by law or as the department may direct, and to perform such other duties as the department may direct; provided, that the department may in its discretion direct the reporter not to transcribe particular proceedings if it appears that no transcript is necessary; and provided further, that any party to a contested case may obtain copies of the transcript of testimony made by the department's reporter upon the payment to the department of the cost of the transcript at such rate as the department may determine; and provided further, that expense of taking down and preparing the official record shall be deemed as part of the costs of such proceeding and all or any part thereof shall be ordered paid by such party or parties as the department shall deem proper.
Acts 1957, ch. 374, § 33; 1972, ch. 829, § 21; T.C.A., §§ 42-239, 42-2-138.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 2 - STATE ADMINISTRATION (§§ 42-2-101 — 42-2-301) › Part 2 - DEPARTMENT OF TRANSPORTATION (§§ 42-2-201 — 42-2-227) › Section 42-2-226 - Proceedings before hearing examiners

In any contested case the department may direct that the proceedings or any part of the proceedings be heard by a hearing examiner to be appointed by the department. Proceedings before a hearing examiner shall be according to this chapter, other applicable laws and the rules of the department. Whenever a contested case, or any part of a contested case, is heard by a hearing examiner, the hearing examiner shall make a proposal for decision in writing, which shall include findings of fact and conclusions of law made by the hearing examiner. The proposal for decision shall be served on all parties of record, and each party who would be adversely affected by the proposed decision shall be given an opportunity to file exceptions and present argument in writing to the department itself. Before the department enters a final order in such cases, the members thereof shall personally consider the entire record, or the portion of the record cited by the parties, and shall make its decision in the form and manner prescribed by this chapter for decisions in contested cases.
Acts 1957, ch. 374, § 34; 1972, ch. 829, § 21; T.C.A., §§ 42-240, 42-2-139.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-101 - Short title

This chapter shall be known and may be cited as the "Airport Authorities Act."
Acts 1957, ch. 376, § 22; T.C.A., § 42-601.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-106 - Proof of existence of authority

(a)
Municipal Authorities.
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a municipal airport authority, created pursuant to §
42-3-103
, the municipal authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers under this chapter upon proof of the adoption by the municipality of the resolution creating the municipal airport authority, the appointment and qualification of the first commissioners of the authority, and of the issuance and recording of a certificate of incorporation. Duly certified copies of the resolution creating the authority, the certificates of appointment of the commissioners, and the certificate of incorporation shall be admissible in evidence in any suit, action, or proceeding.
(b)
Regional Authorities.
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a regional airport authority, the regional airport authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers under this chapter upon proof of the issuance by the secretary of state of a certificate of incorporation of the regional airport authority. A copy of the certificate of incorporation, duly certified by the secretary of state, or by the county register in whose office the certificate of incorporation is recorded, shall be admissible in evidence in any suit, action, or proceeding.
Acts 1957, ch. 376, § 5; T.C.A., § 42-606.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-107 - Commissioners

(a)
A commissioner of an authority shall receive no compensation for services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of the commissioner's duties.
(b)
Each commissioner shall hold office until a successor has been appointed and has qualified. The certificates of the appointment and reappointment of commissioners shall be filed with the authority.
(c)
The powers of each authority shall be vested in the commissioners of the authority. A majority of the commissioners of an authority shall constitute a quorum for the purpose of conducting business of the authority and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of the commissioners present.
(d)
There shall be elected a chair and vice chair from among the commissioners. An authority may employ an executive director, secretary, technical experts and such other officers, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the municipality or municipalities included in the authority or may employ its own counsel and legal staff. An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.
Acts 1957, ch. 376, § 6; T.C.A., § 42-607.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-108 - General powers - Motor vehicle traffic regulations

(a)
An authority has all the powers necessary or convenient to carry out the purposes of this chapter (excluding the power to levy and collect taxes or special assessments) including, but not limited to, the power to:
(1)
(A)
Sue and be sued;
(B)
Have a seal;
(C)
Have perpetual succession; and
(D)
Have such immunity in tort cases as do municipalities under the Municipal Airport Act, compiled in chapter 5 of this title;
(2)
Execute such contracts and other instruments and take such other action as may be necessary or convenient to carry out the purposes of this chapter;
(3)
Plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and air navigation facilities, within this state and within any adjoining state, including the acquisition, construction, installation, equipment, maintenance, and operation of such airports or 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 are incident to the operation of its airport properties. For such purposes, an authority may, by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire property, real or personal, or any interest in property, including avigation easements and easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards or to prevent the establishment of airport hazards;
(4)
Acquire by purchase, gift, devise, lease, eminent domain proceedings or otherwise, existing airports and air navigation facilities; provided, that an authority shall not acquire or take over any airport or air navigation facility owned or controlled by another authority, a municipality, or public agency of this or any other state without the consent of that authority, municipality, or public agency; and
(5)
Establish or acquire and maintain airports in, over, and upon any public waters of this state or any submerged lands under public waters; and 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 such structures.
(b)
Any authority that is operated by a board of commissioners whose membership is appointed by the legislative bodies of five (5) or more local governments has the power to promulgate, adopt, and enforce such motor vehicle traffic regulations for airport authority property as may be necessary to provide for the public safety.
Acts 1957, ch. 376, § 7; T.C.A., § 42-608; Acts 1988, ch. 501, § 1.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-109 - Eminent domain

In the acquisition of property by eminent domain proceedings authorized by this chapter, an authority shall proceed in the manner provided by title 29, chapter 16. 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 any other statute or other law, 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 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 and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.
Acts 1957, ch. 376, § 8; T.C.A., § 42-609.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-110 - Disposal of airport property

Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by §
42-3-114
, an authority 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. Disposal by sale, lease, or otherwise, shall be in accordance with the laws of this state governing the disposition of other public property, except that in the case of disposal to another authority, a municipality or an agency of the state or federal government for use and operation as a public airport, the sale, lease, or other disposal may be effected in such manner and upon such terms as the commissioners of the authority may deem in the best interest of civil aviation.
Acts 1957, ch. 376, § 9; T.C.A., § 42-610.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-113 - Regulations - Scope - Conformity with state and federal law

An authority is authorized to adopt, amend and repeal such reasonable resolutions, rules, regulations and orders as it deems necessary for the management, government and use of any airport or air navigation facility owned by it or under its control. No rule, regulation, order or standard prescribed by the department shall be inconsistent with, or contrary to, any act of congress or any regulation promulgated or standard established pursuant thereto or be inconsistent with, or contrary to, any act of the general assembly or any regulation promulgated or standard established pursuant to such act. The authority shall keep on file at the principal office of the authority for public inspection a copy of all its rules and regulations.
Acts 1957, ch. 376, § 12; impl. am. Acts 1972, ch. 829, § 16; T.C.A., § 42-613.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-114 - Federal and state aid

(a)
Acceptance Authorized; Conditions.
Except as otherwise provided by law, an authority 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 authority upon such terms and conditions as are prescribed by the United States and as are consistent with state law; and state moneys accepted under this section shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the state.
(b)
Department of Transportation as Agent for Authorities in Receiving Certain Federal Funds; Exceptions.
(1)
The department shall act as agent for each authority 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. 1970
ed., § 1701 et seq. [repealed], or any amendment thereto, unless an authority 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 authority may act as principal with respect to any airport owned by it, or may designate the department as its agent for the purposes mentioned in this subdivision (b)(1). 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 authority or authorities acting jointly and the applicable provisions of §
42-2-203(c)
shall apply under either circumstance.
Acts 1957, ch. 376, § 13; 1977, ch. 277, §§ 1, 2; T.C.A., § 42-614.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-115 - Public purposes

The acquisition of any land, or interest in land, pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation and protection of airports, air navigation facilities and avigation easements, including the acquisition or elimination of airport hazards and the exercise of any other powers granted in this chapter to authorities 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. All land and other property and privileges acquired and used by or on behalf of any authority 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.
Acts 1957, ch. 376, § 15; T.C.A., § 42-620.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-116 - Status of airport authorities - Property and revenues exempt from taxation

(a)
It is declared that airport authorities created pursuant to this chapter are public and governmental bodies acting as agencies and instrumentalities of the creating and participating municipalities, and that the acquiring, operating, and financing of airports and related facilities by such airport authorities are for a public and governmental purpose and matters of public necessity.
(b)
The property and revenues of the authority or any interest in such property and revenues are exempt from all state, county, and municipal taxation.
Amended by 2020 Tenn. Acts, ch. 680, s 1, eff. 6/15/2020.
Acts 1957, ch. 376, § 16; T.C.A., § 42-621.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-117 - Authority of municipal corporations

For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of airports and air navigation facilities, and acquiring avigation easements pursuant to this chapter, any municipality for which an authority has been created may, upon such terms, with or without consideration as it may determine:
(1)
Lend or donate money to the authority;
(2)
Provide that all or a portion of the taxes or funds available or to become available to, or required by law to be used by, the municipality for airport purposes, be transferred or paid directly to the airport authority as the funds become available to the municipality;
(3)
Cause water, sewer or drainage facilities, or any other facilities that it is empowered to provide, to be furnished adjacent to or in connection with airports or air navigation facilities;
(4)
Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges in property to the authority;
(5)
Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways and walks from established streets or roads to airports or air navigation facilities;
(6)
Do any and all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, constructing or operating of airports and air navigation facilities; and
(7)
Enter into agreements with the authority respecting action to be taken by the municipality pursuant to this section.
Acts 1957, ch. 376, § 17; T.C.A., § 42-622.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-118 - Supplementary authority

(a)
The powers conferred by this chapter are in addition 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 chapter, except as expressly provided in this chapter.
(c)
In addition to the general and special powers conferred by this chapter, every authority is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers.
Acts 1957, ch. 376, § 18; T.C.A., § 42-623; Acts 2011, ch. 139, § 3.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-119 - Municipal 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. 376, § 19; T.C.A., § 42-624.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 1 - GENERAL PROVISIONS (§§ 42-3-101 — 42-3-120) › Section 42-3-120 - Written agreement between peer-to-peer car sharing program and airport

(a)
As used in this section, "peer-to-peer car sharing program" means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration.
(b)
If a peer-to-peer car sharing program conducts business at an airport or otherwise uses airport facilities, then the program shall enter into a written agreement with an airport, or the entity responsible for regulating commerce at the airport, within this state.
Acts 2020, ch. 796, § 3.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 2 - JOINT OPERATIONS (§§ 42-3-201 — 42-3-205) › Section 42-3-201 - Joint operations authorized

(a)
For the purposes of this part, unless otherwise qualified:
(1)
"Governing body" includes the commissioners of an authority, the governing body of a municipality and the head of an agency of a state or the United States if the public agency is other than an authority or municipality; and
(2)
"Public agency" includes municipality and authority, each as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision and agency of an adjoining state.
(b)
(1)
All powers, privileges and authority granted by this chapter may be exercised and enjoyed by an authority jointly with any public agency of this state, and jointly with any public agency of any adjoining state or of the United States to the extent that the laws of the other state or of the United States permit such joint exercise of enjoyment.
(2)
Any agency of the state government, when acting jointly with any authority, may exercise and enjoy all the powers, privileges and authority conferred by this chapter upon an authority.
Acts 1957, ch. 376, § 14; T.C.A., § 42-615.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 2 - JOINT OPERATIONS (§§ 42-3-201 — 42-3-205) › Section 42-3-202 - Agreement as to joint operation

(a)
(1)
Any two (2) or more public agencies may enter into agreements with each other for joint action pursuant to this part.
(2)
Each agreement shall specify its duration, the proportionate interest that each public agency shall have in the property, facilities and privileges involved in the joint undertaking, the proportion of costs of operation, etc., to be borne by each public agency, and such other terms as are deemed necessary or required by law.
(b)
The agreement may also provide for amendments and termination; disposal of all or any of the property, facilities and privileges jointly owned, prior to, or at such time as the property, facilities and privileges, or any part of the property, facilities and privileges, cease to be used for the purposes provided in this chapter, or upon termination of the agreement; the distribution of the proceeds received upon any disposal, and of any funds or other property jointly owned and undisposed of; the assumption or payment of any indebtedness arising from the joint undertaking that remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient.
Acts 1957, ch. 376, § 14; T.C.A., § 42-616.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 2 - JOINT OPERATIONS (§§ 42-3-201 — 42-3-205) › Section 42-3-203 - Joint board

(a)
Public agencies acting jointly pursuant to this part shall create a joint board, which shall consist of members appointed by the governing body of each participating public agency.
(b)
The number to be appointed, their terms and compensation, if any, shall be provided for in the joint agreement.
(c)
Each joint board shall organize, select officers for such terms as are fixed by the agreement, and adopt and amend from time to time rules for its own procedure.
(d)
The joint board shall have powers, as agent of the participating public agencies, to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police any airport or air navigation facility or avigation easement or airport hazard to be jointly acquired, controlled and operated, and the board may be authorized by the participating public agencies to exercise on behalf of its constituent public agencies all the powers of each with respect to the airport, air navigation facility, avigation easement or airport hazard, subject to the limitations of §
42-3-204
.
Acts 1957, ch. 376, § 14; T.C.A., § 42-617.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 2 - JOINT OPERATIONS (§§ 42-3-201 — 42-3-205) › Section 42-3-204 - Limitations on joint board

(a)
Exemptions.
The total expenditures to be made by the joint board for any purpose in any calendar year shall be as determined by a budget approved by the constituent public agencies on or before the preceding fiscal year, or as otherwise specifically authorized by the constituent public agencies.
(b)
Acquisitions Beyond Sums Allotted.
No airport, air navigation facility, avigation easement, airport hazard, or real or personal property, the cost of which is in excess of sums fixed therefor by the joint agreement or allotted in the annual budget, may be acquired, established or developed by the joint board without the approval of the governing bodies of its constituent public agencies.
(c)
Eminent Domain.
Eminent domain proceedings under this part may be instituted by the joint board only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, such proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by the public agencies as tenants in common.
(d)
Disposal of Real Property.
The joint board shall not dispose of any airport, air navigation facility, avigation easement or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies; provided, that the joint board may, without such consent, enter into contracts, leases or other arrangements contemplated by §
42-3-112
.
(e)
Regulations and Orders.
Any resolutions, rules, regulations or orders of the joint board dealing with subjects authorized by §
42-3-112
shall become effective only upon approval of the governing bodies of the constituent public agencies; provided, that upon approval, the resolutions, rules, regulations or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, rules, regulations or orders of each public agency would have in its own territory or jurisdiction.
Acts 1957, ch. 376, § 14; T.C.A., § 42-618.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 3 - AIRPORT AUTHORITIES (§§ 42-3-101 — 42-3-205) › Part 2 - JOINT OPERATIONS (§§ 42-3-201 — 42-3-205) › Section 42-3-205 - Joint fund

For the purpose of providing the joint board with moneys for the necessary expenditures in carrying out this part, a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Any federal, state or other grants, contributions or loans, and the revenues obtained from the joint ownership, control and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund. Disbursements from the fund shall be made by order of the board, subject to the limitations prescribed in §
42-3-204
.
Acts 1957, ch. 376, § 14; T.C.A., § 42-619.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-101 - Short title

This chapter shall be known and may be cited as the "Metropolitan Airport Authority Act."
Acts 1969, ch. 174, § 1; T.C.A., § 42-701.
2023 Tennessee Code › Title 42 - AERONAUTICS (§§ 42-1-101 — 42-8-105) › Chapter 4 - METROPOLITAN AIRPORT AUTHORITIES (§§ 42-4-101 — 42-4-117) › Section 42-4-102 - Declaration of purpose and necessity - Exemption from taxation

(a)
It is declared that airport authorities created pursuant to this chapter shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating municipalities, and that the acquiring, operating and financing of airports and related facilities by such airport authorities are declared to be for a public and governmental purpose and matters of public necessity. The acquisition of any land, or interest in land, pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, and protection of airports, air navigation facilities, and avigation easements, including the acquisition or elimination of airport hazards and the exercise of any other powers granted in this chapter to authorities are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of an authority 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.
(b)
The property and revenues of the authority or any interest therein shall be exempt from all state, county and municipal taxation.
Amended by 2023 Tenn. Acts, ch. 488,s 3, eff. 7/1/2023.
Acts 1969, ch. 174, § 2; T.C.A., § 42-702.