2004 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 right 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 right 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. 

    HIST: 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