(a) The department may on behalf of and in the name of the state, within the limitation of appropriations or other funds available, acquire, by purchase, gift, devise, lease, condemnation proceedings or otherwise, property, real or personal, for the purpose of establishing and constructing airports, restricted landing areas, and other air navigation facilities and to acquire, own, control, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and police airports, restricted landing areas, and other air navigation facilities within the state; make investigations, surveys or plans prior to any acquisition; and erect, install, construct, and maintain at airports facilities for the servicing of aircraft and for the comfort and accommodation of air travelers.
(b) The department may not acquire, or take over any airport, restricted landing area, or other air navigation facility owned or controlled by a municipality, county, or airport authority of the state, or person, without the consent of the municipality, county, airport authority, or person. The department shall not condemn lands as described in subsection (a) within the police jurisdiction of cities with a population of 7,500 persons or less, when suitable lands for its purposes may be obtained by purchase, nor shall the right of condemnation be exercised as to any lands within the police jurisdiction of any city or town except after a resolution approving the proposed condemnation has been adopted by the governing body of the city or town. The right of condemnation conferred by this article shall not be exercised as to lands within two statute miles of the corporate limits of any city or town of 6,000 population or less, nor within four statute miles of the corporate limits of any city or town of more than 6,000 population.
(c) The right of entry on any lands condemned under this section shall not exist until the condemned lands have been paid for in full, except where all the parties in interest agree otherwise.
(d) The department may erect, equip, operate, and maintain on any airport the buildings and equipment necessary and proper to establish, maintain, and conduct airport and air navigation facilities connected therewith. The department shall not grant exclusive right for the use of any state-owned airport, restricted landing area, or other air navigation facility. This section shall not prevent the making of leases in accordance with this article.
Structure Code of Alabama
Title 23 - Highways, Roads, Bridges and Ferries.
Article 12 - Regulations of Aeronautics, Aircraft, and Airports Generally.
Section 23-1-350 - Purpose of Article.
Section 23-1-352 - Definitions.
Section 23-1-353 - Transfer of Personnel.
Section 23-1-355 - Aeronautics Commission - Responsibilities.
Section 23-1-356 - Aeronautics Commission - Meetings; Election of Officers.
Section 23-1-358 - Director - Powers and Duties Generally.
Section 23-1-359 - Authority and Procedure for Adoption of Rules and Regulations.
Section 23-1-364 - State Airports Development Fund.
Section 23-1-365 - Disposition and Disbursement of State Airports Development Fund and Other Funds.
Section 23-1-367 - Enforcement of Aeronautics Law; Enforcement Powers Generally.
Section 23-1-370 - Intervention in Certain Controversies.
Section 23-1-371 - Formulation, Adoption, of Aircraft Approach Plans; Airspace Reservations.
Section 23-1-372 - Approval of Sites and Licensing of Airports.
Section 23-1-377 - Exceptions.
Section 23-1-379 - Acquisition of Easements and Other Airport Protection Privileges.
Section 23-1-380 - Exercise of Power of Eminent Domain.
Section 23-1-383 - Jurisdiction of Crimes and Torts; State, Municipal, Immunity From Liability.
Section 23-1-384 - Contracts Made During Flight.
Section 23-1-385 - Domestic Animals or Fowl on Airports.
Section 23-1-386 - Trespass Upon and Operation of Vehicles on Airports.
Section 23-1-387 - Use of Aircraft for Hunting, Prohibited.
Section 23-1-388 - Reckless Operation of Aircraft.
Section 23-1-389 - Unauthorized Use, Possession, etc., of Aircraft.
Section 23-1-390 - Penalties for Violation of This Article.
Section 23-1-391 - Effective Date of Transfer of Balances, Funds.