Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 30 - AVIATION › Subchapter C - AVIATION FACILITIES DEVELOPMENT AND FINANCIAL ASSISTANCE RULES › Section 30.216 - Property Interests

Current through Reg. 49, No. 28; July 12, 2024
(a) Minimum
				  requirements. No construction project will be considered for a grant or loan
				  unless the sponsor can provide sufficient property interests for development,
				  operation, and maintenance of the airport or air navigational facility. This
				  requirement shall include the amount of property needed for construction of
				  necessary runways, taxiways, and aircraft parking areas, and for initial and
				  future construction of necessary structures, such as hangars. All property
				  adjacent to or in the immediate vicinity of the airport must be clear of
				  obstructions hazardous to aviation or the sponsor shall provide proof that such
				  obstructions will be removed within the time allotted for completion of the
				  project.
(b) Eligible costs. Only
				  the reasonable cost of property needed for present and future development of an
				  airport or air navigational facility or for the removal of an airport hazard
				  are eligible for reimbursement under the program. Notwithstanding any language
				  contained in §
										30.212
				  of this title (relating to Eligible Costs), property costs are eligible for
				  reimbursement irrespective of the date of acquisition by the sponsor, if
				  acquired through procedures acceptable to the division.
(c) Title. To the maximum extent possible,
				  and as provided in subsection (e) of this section, property to be utilized for
				  a project under the program shall be held by the sponsor in fee simple, free
				  and clear of all liens, easements, leases, and other adverse interests or
				  encumbrances unless a lesser property interest is deemed satisfactory by the
				  division. Exceptions will be made when it is impossible or impractical for the
				  sponsor to acquire such title and the staff determines that lesser title will
				  not interfere with or adversely affect the present and future development,
				  operation, and maintenance of the airport or air navigational
				  facility.
(d) Certificate of title.
				  Sponsor's attorney shall execute and mail to the department a certificate of
				  airport property interests in the form promulgated by the staff, indicating
				  sponsor's title to all property interests involved in a project.
(e) Leased Airports. Sponsors operating
				  leased airports are eligible for financial assistance grants provided the
				  following conditions are met.
(1) The sponsor
				  is a state agency or governmental entity.
(2) The sponsor has a long-term lease a
				  minimum of 20 years from the date of the grant for all landing areas, building
				  areas, and for areas pertinent or necessary for the project.
(3) The sponsor has adequate control of the
				  leased property to carry out terms of the APPA.
(4) In addition to the certificate of airport
				  property interest, the sponsor provides the division with a copy of the airport
				  lease.