2006 Minnesota Statutes

360.038 SPECIFIC POWERS OF MUNICIPALITY.
    Subdivision 1. Acquisition of property. In addition to the general powers in sections
360.011 to 360.076, conferred, and without limitation thereof, a municipality which has
established or may hereafter establish airports, restricted landing areas, or other air navigation
facilities, or which has acquired or set apart, or may hereafter acquire or set apart, real property
for such purpose or purposes is hereby authorized:
    Subd. 2. Construction or improvement. To vest authority for the construction, enlargement,
improvement, maintenance, equipment, operation, and regulation thereof in an officer, a board
or body of such municipality, now existing or hereafter provided for pursuant to law or charter,
by ordinance or resolution which shall prescribe the powers and duties of such officer, board, or
body. The expense of such construction, enlargement, improvement, maintenance, equipment,
operation, and regulation shall be a responsibility of the municipality.
    Subd. 3. Adopt rules, regulations, and ordinances. To adopt and amend all needful rules,
regulations, and ordinances for the management, government, and use of any properties under
its control, whether within or without the territorial limits of the municipality; to appoint airport
guards or police, with full police powers; to fix by ordinance or resolution, as may be appropriate,
penalties for the violation of said rules, regulations, and ordinances and enforce said penalties in
the same manner in which penalties prescribed by other rules, regulations, and ordinances of the
municipality are enforced. For the purposes of such management and government and direction of
public use, such part of all highways, roads, streets, avenues, boulevards, and territory as adjoins
or lies within one mile of the limits of any airport or restricted landing area acquired or maintained
under the provisions of sections 360.011 to 360.076, shall be under like control and management
of the municipality. It may also adopt and enact rules, regulations, and ordinances designed
to safeguard the public upon or beyond the limits of private airports or landing strips within
such municipality or its police jurisdiction against the perils and hazards of instrumentalities
used in aerial navigation. Rules, regulations, and ordinances shall be published as provided by
general law or the charter of the municipality for the publication of similar rules, regulations,
and ordinances. They must conform to and be consistent with the laws of this state and the rules
of the commissioner and shall be kept in conformity, as nearly as may be, with the then current
federal legislation governing aeronautics and the regulations duly promulgated thereunder and
rules and standards issued from time to time pursuant thereto.
    Subd. 4. Leased property. To lease for a term not exceeding 30 years such airports, other air
navigation facilities or facilities authorized under section 116R.02, subdivision 6, 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; to lease or assign
for a term not exceeding 99 years to private parties, any municipal or state government, or the
national government, or any department of either thereof, for operation or use consistent with
the purposes of sections 360.011 to 360.076, space, area, improvements, or equipment on such
airports; notwithstanding any other provisions in this subdivision, to lease ground area for a term
not exceeding 99 years to private persons for the construction of structures which in its opinion
are essential and necessary to serve aircraft, persons, and things engaged in or incidental to
aeronautics, including but not limited to shops, hangars, offices, restaurants, hotels, motels,
factories, storage space, and any and all other structures necessary or essential to and consistent
with the purposes of sections 360.011 to 360.076, to 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 incidental thereto,
and to confer the privileges of concessions of supplying upon its 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. 5. Sell or lease property. (1) To sell or lease any property, real or personal, acquired
for airport purposes and belonging to the municipality, which, in the judgment of its governing
body, may not be required for aeronautic purposes, in accordance with the laws of this state, or the
provisions of the charter of the municipality, governing the sale or leasing of similar municipally
owned property.
(2) The proceeds of sale of any property the purchase price of which was obtained by the
sale of bonds shall be deposited in the sinking fund from which funds have been authorized to be
taken to finance such bonds. In the event all the proceeds of such sale are not needed to pay the
principal of said bonds remaining unpaid, the remainder shall be paid into the general fund of
the municipality. The proceeds of sales of property the purchase price of which was paid from
appropriations shall be paid into the general fund of the municipality.
    Subd. 6. Determine rental charge. To determine the charges or rental for the use of any
properties under its control and the charges for any services or accommodations 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 expense of operation to the municipality. The municipality shall
have and may enforce liens, as provided by law for liens and 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. Exercise general and special powers. To exercise all powers necessarily incidental
to the exercise of the general and special powers herein granted.
History: 1945 c 303 s 17; 1957 c 380 s 1; 1978 c 674 s 58; 1985 c 248 s 70; 1991 c 350
art 1 s 22