2006 Minnesota Statutes

360.032 MUNICIPALITY MAY ACQUIRE AIRPORT.
    Subdivision 1. Acquisition. Every municipality is hereby authorized, through its governing
body, to acquire property, real or personal, for the purpose of establishing, constructing, and
enlarging airports and other air navigation facilities and to acquire, establish, construct, enlarge,
improve, maintain, equip, operate, and regulate such airports and other air navigation facilities
and structures and other property incidental to their operation, either within or without the
territorial limits of such municipality and within or without this state; to make, prior to any
such acquisition, investigations, surveys, and plans; to construct, install, and maintain airport
facilities for the servicing and repair of aircraft and facilities authorized under section 116R.02,
subdivision 6 , and for the comfort and accommodation of air travelers; and to purchase and
sell equipment and supplies as an incident to the operation of its airport properties. It may not
acquire, or take over any airport or other air navigation facility owned or controlled by any
other municipality of the state without the consent of such municipality. It may use for airport
purposes any available property that is now or may at any time hereafter be owned or controlled
by it. Such air navigation facilities as are established on airports shall be supplementary to and
coordinated in design and operation with those established and operated by the federal and state
governments. It may assist other municipalities in the construction of approach roads leading
to any airport or restricted landing area owned or controlled by it. In financing the facilities
authorized under section 116R.02, subdivision 6, it may borrow from the state or otherwise
arrange for financing of the facilities and for that purpose may exercise any powers vested in a
municipality under sections 469.152 to 469.165.
    Subd. 1a. Relocating airport property; reimbursement. A municipality may exercise
the powers set forth in this subdivision solely for the purpose of assisting the relocation of air
navigation facilities, structures, and other property incidental to airport operations, which are
located at an airport owned or formerly owned by the municipality.
A municipality may acquire air navigation facilities, structures, and other property incidental
to airport operations, which are located at an airport owned or formerly owned by the municipality.
In lieu of such acquisition, the municipality may move and relocate such property to another
public airport. The manner of acquisition of such property shall be in accordance with subdivision
2. The municipality may expend its funds to pay for the costs of such acquisition, moving, and
relocation. The commissioner may pay a portion of such acquisition, moving, and relocation costs
in accordance with the provisions of section 360.305, subdivision 4, paragraph (b) or (c).
    Subd. 2. Manner of acquisition. Property needed by a municipality for an airport or
restricted landing area, or for the enlargement of either, or for other airport purposes, may be
acquired by purchase, gift, devise, lease, or other means if such municipality is able to agree with
the owners of said property on the terms of such acquisition, and otherwise by condemnation
in the manner provided by the law under which such municipality is authorized to acquire like
property for public purposes, full power to exercise the power of eminent domain for such
purposes being hereby granted every municipality both within and without its territorial limits.
If but one municipality is involved and the charter of such municipality prescribes a method of
acquiring property by condemnation, proceedings shall be had pursuant to the provisions of
such charter and may be followed as to property within or without its territorial limits. The
fact that the property needed has been acquired by the owner under power of eminent domain,
or is already devoted to a public use, shall not prevent its acquisition by the municipality by the
exercise of the power of eminent domain herein conferred. For the purpose of making surveys
and examinations relative to any condemnation proceedings, it shall be lawful to enter upon any
land, doing no unnecessary damage. Notwithstanding the provisions of this or any other statute
or the provisions of any charter, the municipality may take possession of any such property so
to be acquired at any time after the filing of the petition describing the same in condemnation
proceedings. It shall not be precluded from abandoning the condemnation of any such property in
any case where possession thereof has not been taken.
    Subd. 3. Property and easements. Where necessary, in order to provide unobstructed air
space for the landing and takeoff of aircraft utilizing airports or restricted landing areas acquired
or operated under the provisions of this chapter, every municipality is authorized to acquire, in
the same manner as is provided for the acquisition of property for airport purposes, easements
through or other interests in air space over land or water, interests in airport hazards outside the
boundaries of the airports or restricted landing areas, and such other airport protection privileges
as are necessary to insure safe approaches to the landing areas of said airports or restricted landing
areas and the safe and efficient operation thereof. It is also hereby authorized to acquire, in the
same manner, the right or easement, for a term of years or perpetually, to place or maintain
suitable marks for the daytime marking and suitable lights for the nighttime marking of airport
hazards, including the right of ingress and egress to or from such airport hazards, for the purpose
of maintaining and repairing such lights and marks. This authority shall not be so construed as to
limit any right, power, or authority to zone property adjacent to airports and restricted landing
areas under the provisions of any law of this state.
    Subd. 4. Regulating buildings and trees on adjoining property. It shall be unlawful for
anyone to build, rebuild, create, or cause to be built, rebuilt, or created, any object, or plant,
cause to be planted, or permit to grow higher any tree or trees or other vegetation, which shall
encroach upon any airport protection privileges acquired pursuant to the provisions of this
section. Any such encroachment is declared to be a public nuisance and may be abated in the
manner prescribed by law for the abatement of public nuisances, or the municipality in charge of
the airport or restricted landing area for which airport protection privileges have been acquired
as in this section provided may go upon the land of others and remove any such encroachment
without being liable for damages in so doing.
History: 1945 c 303 s 11; 1957 c 615 s 1; 1978 c 660 s 2; 1991 c 350 art 1 s 21; 1999 c
230 s 29; 2006 c 214 s 20