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 of aircraft, 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.
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.
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; 2007 c 138 s 14
Structure Minnesota Statutes
Chapters 360 - 362 — Aeronautics
Chapter 360 — Airports And Aeronautics
Section 360.011 — Declaration Of Purpose.
Section 360.012 — Sovereignty; Liability; Effect Of Other Law.
Section 360.013 — Definitions.
Section 360.015 — Commissioner; Powers And Duties.
Section 360.0151 — Air Service Marketing Program.
Section 360.016 — Federal Aid.
Section 360.0161 — Application For Federal Aid; Commissioner As Agent.
Section 360.017 — State Airports Fund.
Section 360.018 — Regulating Aircraft, Airmen, Airports, Instructors.
Section 360.019 — Order Of Commissioner; Review.
Section 360.021 — State Airport.
Section 360.0215 — Service Of Process; Long-arm Statute; Fee.
Section 360.0216 — Aircraft Operator Deemed Owner's Agent.
Section 360.022 — Misdemeanor.
Section 360.023 — Transfer Of Air Navigation Facility.
Section 360.024 — Air Transportation Service Charge.
Section 360.031 — Definition Of Municipality.
Section 360.032 — Municipality May Acquire Airport.
Section 360.033 — Sovereign Rights.
Section 360.034 — Prior Acquisition Of Property Validated.
Section 360.035 — Exemption From Taxation.
Section 360.036 — Financing Airport And Improvements.
Section 360.037 — General Power To Tax; Revenue Priorities.
Section 360.038 — Specific Powers Of Municipality.
Section 360.039 — Federal Aid.
Section 360.041 — Airport On Water And Reclaimed Land.
Section 360.042 — Joint Operation; Joint Powers Board.
Section 360.0425 — General Powers Of Authority.
Section 360.0426 — Creation Of An Airport Authority; Dissolution.
Section 360.0427 — Tax Levy May Be Certified By Airport Authority.
Section 360.043 — Assistance To Other Municipality.
Section 360.044 — County Authority.
Section 360.045 — Jurisdiction Exclusive.
Section 360.046 — Requirements For Closure Of Municipal Airport.
Section 360.061 — Definitions.
Section 360.062 — Airport Hazard Prevention; Protecting Existing Land Uses.
Section 360.063 — Airport Zoning; Authority, Procedure.
Section 360.064 — Airport Zoning; Comprehensive Ordinance, Conflict.
Section 360.065 — Airport Zoning; Adoption And Approval Of Proposed Regulations.
Section 360.0655 — Airport Zoning Regulations Based On Commissioner's Standards; Submission Process.
Section 360.0656 — Custom Airport Zoning Standards.
Section 360.066 — Airport Zoning; Minimum Standards, Land Uses.
Section 360.067 — Airport Zoning Permit, Variance; Administrative Agent.
Section 360.068 — Appeal Of Airport Zoning Decision.
Section 360.069 — Airport Zoning Administration.
Section 360.071 — Board Of Adjustment.
Section 360.072 — Judicial Review.
Section 360.073 — Violations, Penalties, And Remedies.
Section 360.074 — Acquisition Of Air Rights.
Section 360.075 — Violations, Penalties.
Section 360.0753 — Testing Procedures.
Section 360.076 — Citation, Aeronautics Code.
Section 360.201 — Acquisition By Municipality In Adjoining State.
Section 360.202 — Rights Same As Minnesota Municipality.
Section 360.203 — Reciprocal Provisions.
Section 360.305 — Expenditures For Airports And Navigation.
Section 360.511 — Definitions.
Section 360.521 — Aircraft Tax Limitation And Election.
Section 360.532 — Nonresident Commercial Operation Subject To Tax.
Section 360.54 — Presumption That Aircraft Subject To Tax.
Section 360.57 — Filing Sworn Statement By Manufacturer.
Section 360.58 — Operation Without Registration Or Payment.
Section 360.59 — Aircraft Registration And Listing For Taxation.
Section 360.595 — Taxes Paid Before Registration And Licensing; Rules.
Section 360.60 — Registration Required; Exemption; Misdemeanor.
Section 360.61 — Due Date Of Tax; Penalties And Fees.
Section 360.63 — Dealer's License.
Section 360.64 — Aircraft Tax Lien; Remedies, Prosecution.
Section 360.651 — Manufacturer, Listing Of Aircraft.
Section 360.653 — Aircraft Registration And Tax Exemptions.
Section 360.654 — Aircraft Dealer's Commercial Use Permit.
Section 360.66 — State Airports Fund.
Section 360.67 — Violations And Penalties.
Section 360.675 — Aviation Tax Report.
Section 360.68 — Airport Jointly Owned; Revenue Certificates.
Section 360.70 — Rentals And Earnings.
Section 360.71 — Revenue Certificate Terms.
Section 360.72 — Refund Certificate.
Section 360.73 — Authority Supersedes Contrary Law.
Section 360.81 — Purpose: Safe Flight.
Section 360.83 — Permit, Necessity.
Section 360.84 — Height Limitations; Exceptions.
Section 360.85 — Interest Of Applicant For Permit.
Section 360.86 — Visual Or Aural Identification.
Section 360.87 — Investigation, Determination, Notice, And Hearing.
Section 360.88 — Failure To File For Permit; Commissioner's Action.
Section 360.90 — Structure Height Rules; Forms.
Section 360.915 — Meteorological Towers.
Section 360.92 — Liability Insurance Required; Misdemeanor.
Section 360.93 — Minimal Insurance Coverage Required; Misdemeanor.