2007 Minnesota Statutes

360.021 STATE AIRPORT.
    Subdivision 1. Authority to establish. The commissioner is authorized and empowered,
on behalf of and in the name of this state, within the limitation of available appropriations, to
acquire, by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property, real or
personal, for the purpose of establishing and constructing restricted landing areas and other air
navigation facilities and to acquire in like manner, own, control, establish, construct, enlarge,
improve, maintain, equip, operate, regulate, and police such restricted landing areas and other air
navigation facilities, either within or without this state; and to make, prior to any such acquisition,
investigations, surveys, and plans. The commissioner may maintain, equip, operate, regulate,
and police airports, either within or without this state. The commissioner may maintain at such
airports facilities for the servicing of aircraft and for the comfort and accommodation of air
travelers. The commissioner may dispose of any such property, airport, restricted landing area,
or any other air navigation facility, by sale, lease, or otherwise, in accordance with the laws of
this state governing the disposition of other like property of the state. The commissioner may not
acquire or take over any restricted landing area, or other air navigation facility without the consent
of the owner. The commissioner shall not acquire any additional state airports nor establish any
additional state-owned airports. The commissioner may erect, equip, operate, and maintain on
any airport buildings and equipment necessary and proper to maintain, and conduct such airport
and air navigation facilities connected therewith. The commissioner shall not expend money for
land acquisition, or for the construction, improvement, or maintenance of airports, or for air
navigation facilities for an airport, unless the governmental unit involved has or is establishing a
zoning authority for that airport, and the authority has made a good faith showing that it is in
the process of and will complete with due diligence, an airport zoning ordinance in accordance
with sections 360.061 to 360.074. Notwithstanding the foregoing prohibition, the commissioner
may continue to maintain the state-owned airport at Pine Creek.
    Subd. 2. Airport protection privileges. Where necessary in order to provide unobstructed
air space for the landing and takeoff of aircraft utilizing airports and restricted landing areas
acquired or operated under the provisions of sections 360.011 to 360.076, the commissioner is
hereby granted authority 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 and restricted landing areas, and the safe and efficient operation thereof. The
commissioner is also hereby authorized to acquire, in the same manner, the right of 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 the right, power, or authority of the state
or any municipality to zone property adjacent to any airport or restricted landing area pursuant to
any law of this state. The commissioner shall make maximum use of zoning and easements to
eliminate runway and other potential airport hazards rather than land acquisition in fee.
    Subd. 3. Joint operation with other government. This state, acting through the
commissioner, may engage in all such activities jointly with the United States, other states, and
with municipalities or other agencies of this state and, subject to the approval of the United
States government, jointly with the Dominion of Canada or its governmental subdivisions. Such
joint operations may be conducted pursuant to an agreement as described in section 360.042
and other applicable law.
    Subd. 4. Condemnation. The commissioner may exercise the power of eminent domain, in
the name of the state, in the manner provided by the laws of this state for the acquisition of real
property for public purposes, for the purpose of acquiring any property which the commissioner
is herein authorized to acquire by condemnation. The fact that the property so needed has been
acquired by the owner under power of eminent domain shall not prevent its acquisition 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 any other statute, or the charter
of any municipality, the commissioner 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. The
commissioner shall not be precluded from abandoning the condemnation of any such property in
any case where possession thereof has not been taken.
    Subd. 5. Lease, sale, assignment, or concession. The commissioner may lease for a term
not exceeding 30 years such airports, or other air navigation facilities or real property acquired or
set apart for airport purposes, to private parties, any municipal or state government or the national
government, or any department of either thereof, for operation; and may lease or assign for a term
not exceeding 30 years to private parties, any municipal or state government or the national
government, or any department of either, for operation or use consistent with the purposes of this
chapter, space, area, improvements, or equipment on such airports; may sell any part of such
airports, other air navigation facilities, or real property to any municipal or state government, or
to the United States or any department or instrumentality thereof, for aeronautical purposes or
purposes incidental thereto; and may confer the privilege of concessions of supplying upon the
airports goods, commodities, things, services, and facilities; provided that in each case in so doing
the public is not deprived of its rightful, equal, and uniform use thereof.
    Subd. 6. Charge or rental; lien. The commissioner shall have the authority to determine the
charges or rental for the use of any properties and the charges for any service or accommodations
under the commissioner's control and the terms and conditions under which such properties may
be used; provided that in all cases the public is not deprived of its rightful, equal, and uniform
use of such property. Charges shall be reasonable and uniform for the same class of service and
established with due regard to the property and improvements used and the expenses of operation
to the state. The state shall have and the commissioner may enforce liens, as provided by law
for liens and the enforcement thereof, for repairs to or improvement or storage or care of any
personal property, to enforce the payment of any such charges.
    Subd. 7. Contract with owner of existing private airport. The commissioner may contract
with the owners of existing privately owned airports for the use, equipment, improvement,
maintenance, management, and operation by the commissioner of such airports, and thereafter
use, equip, improve, maintain, manage, operate, regulate, and police them.
History: 1945 c 303 s 8; 1947 c 175 s 5; 1975 c 224 s 1; 1978 c 674 s 58; 1981 c 357 s
100,101; 1986 c 444; 2006 c 214 s 20