Title 42 Aeronautics
Chapter 1 General Provisions Part 1 General Regulations § 42-1-101. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Aeronaut” includes aviator, pilot, balloonist, and every other person having any part in the operation of aircraft while in flight;
- (2) “Aircraft” includes balloon, airplane, hydroplane, and every other vehicle used for navigation through the air. A hydroplane, while at rest on water and while being operated on or immediately above water, shall be governed by the rules regarding water navigation; while being operated through the air otherwise than immediately above water, it shall be treated as an aircraft;
- (3) “Commissioner” means the commissioner of transportation;
- (4) “Department” means the department of transportation; and
- (5) “Passenger” includes any person riding in an aircraft but having no part in its operation.
History (5)
- Acts 1923, ch. 30, § 1
- Shan. Supp., § 1616a12
- Code 1932, § 2716
- T.C.A. (orig. ed.), § 42-101
- Acts 1981, ch. 264, § 17.
§ 42-1-102. Sovereignty in space above lands and waters. - Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where granted to and assumed by the United States pursuant to a constitutional grant from the people of this state.
History (4)
- Acts 1923, ch. 30, § 2
- Shan. Supp., § 1616a13
- Code 1932, § 2717
- T.C.A. (orig. ed.), § 42-102.
§ 42-1-104. Air flights lawful — Exceptions — Forced landing — Liability for damages. - (a) Flight in aircraft over the lands and waters of this state is lawful unless at such a low altitude as to interfere with the existing use to which the land or water, or the space over the land or water, is put by the owner, or unless so conducted as to be imminently dangerous to persons or property lawfully on the land or water beneath.
- (b) The landing of an aircraft on the lands or waters of another person, without that person's consent, is unlawful, except in the case of a forced landing. For damages caused by a forced landing, however, the owner or lessee of the aircraft or the aeronaut shall be liable, as provided in § 42-1-105.
History (4)
- Acts 1923, ch. 30, § 4
- Shan. Supp., § 1616a15
- Code 1932, § 2719
- T.C.A. (orig. ed.), § 42-104.
§ 42-1-105. Liability of owner, pilot or lessee of aircraft for damages — Prima facie ownership. - (a) As used in this section, “owner” includes a person having full title to the aircraft or operating it through servants, and also includes a bona fide lessee or bailee of the aircraft, whether gratuitously or for hire. “Owner” does not include a bona fide bailor or lessor of the aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller, trustee for creditors of the aircraft or other person having a security title only, nor shall the owner of the aircraft be liable when the pilot thereof is in possession thereof as a result of theft or felonious conversion.
- (b) The owner and pilot, or either of them, of every aircraft that is operated over lands or waters of this state shall be liable for injuries or damage to persons or property on the land or water beneath, caused by the ascent, descent, or flight of the aircraft, or the dropping or falling of any objects therefrom in accordance with the rules of law applicable to torts in this state.
- (c) The person in whose name an aircraft is registered with the United States department of commerce or the Tennessee department of transportation shall be prima facie the owner of the aircraft within the meaning of this section.
History (6)
- Acts 1923, ch. 30, § 5
- Shan. Supp., § 1616a16
- Code 1932, § 2720
- Acts 1957, ch. 325, § 1
- impl. am. Acts 1972, ch. 829, § 16
- T.C.A. (orig. ed.), § 42-105.
§ 42-1-106. Rules of law of jurisdiction determining liability of owners. - The liability of the owner of one (1) aircraft to the owner of another aircraft, or to aeronauts or passengers on either aircraft, for damages caused by collision on land or in the air, shall be determined by the rules of law applicable to torts on land.
History (4)
- Acts 1923, ch. 30, § 6
- Shan. Supp., § 1616a17
- Code 1932, § 2721
- T.C.A. (orig. ed.), § 42-106.
§ 42-1-107. Laws of this state govern as to wrongs and damages. - All crimes, torts, and other wrongs committed by or against an aeronaut or passenger while in flight over this state shall be governed by the laws of this state; and the question whether damage occasioned by or to an aircraft while in flight over this state constitutes a tort, crime, or other wrong by or against the owner of the aircraft shall be determined by the laws of this state.
History (4)
- Acts 1923, ch. 30, § 7
- Shan. Supp., § 1616a18
- Code 1932, § 2722
- T.C.A. (orig. ed.), § 42-107.
§ 42-1-108. Contracts and other relations made while in flight. - All contractual and other legal relations entered into by aeronauts or passengers while in flight over this state shall have the same effect as if entered into on the land or water beneath.
History (4)
- Acts 1923, ch. 30, § 8
- Shan. Supp., § 1616a19
- Code 1932, § 2723
- T.C.A. (orig. ed.), § 42-108.
§ 42-1-109. Dropping objects in flight — Penalty. - Any aeronaut or passenger who, while in flight over a thickly inhabited area or over a public gathering within this state, drops any object except loose water or loose sand ballast, commits a Class B misdemeanor.
History (7)
- Acts 1923, ch. 30, § 9
- Shan. Supp., § 1616a20
- Code 1932, § 2724
- impl. am. Acts 1947, ch. 132
- C. Supp. 1950, § 2724
- T.C.A. (orig. ed.), § 42-109
- Acts 1989, ch. 591, § 112.
§ 42-1-111. Damaging or extinguishing beacons — Penalty. - (a) It is unlawful for any person or persons to willfully damage, deface or extinguish any beacon, marker, guide light, directional sign, or landing area lights provided or erected in this state for the guidance of aircraft.
- (b) A violation of this section is a Class C misdemeanor.
History (4)
- Acts 1947, ch. 133, §§ 1, 2
- C. Supp. 1950, §§ 2726.8, 2726.9 (Williams, §§ 2726.70, 2726.71)
- T.C.A. (orig. ed.), § 42-119
- Acts 1989, ch. 591, § 113.
§ 42-1-112. Uniformity of state laws — Harmony with federal requirements. - This part shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.
History (4)
- Acts 1923, ch. 30, § 11
- Shan. Supp., § 1616a22
- Code 1932, § 2726
- T.C.A. (orig. ed.), § 42-111.
§ 42-1-113. Aircraft sales and purchases — Reports. - (a) Any person who sells an aircraft in this state, any person who purchases an aircraft in this state, and every resident of this state who purchases an aircraft shall report to the commissioner of revenue the following information:
- (1) The name, sales tax registration number, and invoice number of the seller;
- (2) The name and address of the purchaser;
- (3) A description of the aircraft;
- (4) The date of sale;
- (5) The place and date of delivery;
- (6) The name of the seller, or the seller's agent, making delivery to a point outside this state;
- (7) The place the aircraft will be based;
- (8) The trade-in allowance, if any, and the total sales price; and
- (9) A statement whether Tennessee sales or use tax has been paid.
- (b) In the case of a sale in which the seller, or the seller's agent, actually makes delivery of the aircraft to a point outside this state, and in the case of a sale where the aircraft will be removed within thirty (30) calendar days of purchase to another state for use outside this state, the seller and the purchaser shall execute at the time of sale an affidavit stating that neither party has knowledge or reason to believe that the aircraft will be used in or brought back into the state of Tennessee. This affidavit shall be filed with the commissioner of revenue.
- (c) Any seller of an aircraft, or the seller's agent, making delivery of an aircraft to a point outside this state shall execute an affidavit within thirty (30) days of delivery, stating the date and place of delivery, the name and address of the person to whom delivery was made and the name and type of business the purchaser is involved in and a brief statement of purpose regarding the planned use of the aircraft. This affidavit shall be filed with the commissioner of revenue.
- (d) If the purchaser is a resident of this state, the commissioner of revenue shall send a copy of the information required in subsection (a) to the assessor of property of the county in which the purchaser resides.
Part 2 Unlawful Operation of Aircraft § 42-1-201. Operating or acting as crewmember of aircraft following alcohol or drug use — Penalty. - (a) As used in this part, “crewmember” means any person performing or assigned to perform any duty in a civil aircraft during the time that the aircraft is undergoing pre-flight inspection, boarding or carrying passengers or crew or any time the aircraft is under power or in flight.
- (b) It is an offense for any person to operate or attempt to operate, or act or attempt to act, as a crewmember of any civil aircraft:
- (1) Within eight (8) hours after consumption of any alcoholic beverage;
- (2) While under the influence of alcohol;
- (3) While using any substance that affects the crewmember's faculties in any way contrary to safety; or
- (4) With four one-hundredths of one percent (0.04%) or more by weight of alcohol in the crewmember's blood.
- (c) A violation of this section is a Class A misdemeanor. In addition to the authorized punishment for a Class A misdemeanor, the court may prohibit the defendant from operating or acting as a crewmember on an aircraft for a period not to exceed one (1) year.
History (4)
- Acts 1947, ch. 132, § 1
- C. Supp. 1950, § 2726.1 (Williams, § 2726.62)
- T.C.A. (orig. ed.), § 42-112
- Acts 1994, ch. 797, § 1.
§ 42-1-202. Reckless operation of aircraft unlawful — Definitions. - (a) It is unlawful for any person to operate aircraft recklessly upon or over any area within the jurisdiction of this state.
- (b) For the purposes of this part, “recklessly” means either:
- (1) The operation of aircraft, other than helicopters, at a height above the ground level over which the aircraft is being operated less than five hundred feet (500′); provided, that such operation of aircraft in time of emergency, when landing or taking off from any landing area, or when engaged in crop dusting, or health and sanitation control, fire patrol, or when simulating landings over open areas under the supervision of a flying instructor, shall not be deemed to be reckless operation;
- (A) The exemption for low flying in connection with landing or taking off shall apply only within a radius of three (3) miles from the landing area from which the plane has taken off or upon which it is about to land;
- (B) “Emergency” includes any time when the atmospheric conditions are such that the ceiling is lower than seven hundred fifty feet (750′) above the ground level; or when an aircraft is being operated with mechanical defects that did not exist or that were not apparent prior to the taking off of the aircraft; or at any other time when the safety of the pilot or any passenger requires abnormally low flight;
- (2) The stunting of an aircraft at a height above the ground level over which the aircraft is being operated less than one thousand five hundred feet (1,500′). “Stunting” includes the operation of any aircraft whether the ignition be cut off or not, the steep diving of any aircraft at an angle exceeding forty-five degrees (45°) from horizontal, the looping of any aircraft, the spinning of any aircraft, the sharp turning of any aircraft in horizontal flight when the plane is banked at an angle exceeding sixty degrees (60°) from the horizontal, the slow rolling of any aircraft, the snap rolling of any aircraft, or other acrobatics, or when any aircraft is operated not in conformance with normal flight; or
- (3) The operation of any aircraft in such a manner as to unnecessarily endanger the life of any person, either within or without the aircraft.
History (3)
- Acts 1947, ch. 132, § 2
- C. Supp. 1950, § 2726.2 (Williams, § 2726.63)
- T.C.A. (orig. ed.), § 42-113.
§ 42-1-203. Testing of persons arrested for violating § 42-1-201. - (a) Any person who operates or attempts to operate, or acts or attempts to act, as a crewmember of any aircraft in this state and who is arrested for a violation of § 42-1-201 is considered to have given consent to one (1) or more tests of the crewmember's blood, breath and urine, or combination thereof, for the purpose of determining the alcohol concentration or the presence of a substance that affects the crewmember's faculties in any way contrary to safety.
- (b) Testing for alcohol concentration or other substances shall be done in the same manner and by the same people as set out in § 55-10-406, and the defendant shall have the same rights as provided by § 55-10-406 with regard to refusing to take the test.
- (c) Refusing to take a test pursuant to subsection (a) after having been requested to do so and advised of the consequences of refusal is a Class B misdemeanor with a minimum period of imprisonment of forty-eight (48) hours.
- (d) A conviction for a violation of § 42-1-201 shall not bar a conviction for refusal to take tests for alcohol or other substances pursuant to this section. A conviction for refusal to take tests for alcohol or other substances pursuant to this section shall not be a bar to a conviction for a violation of § 42-1-201.
History (6)
- Acts 1947, ch. 132, § 3
- C. Supp. 1950, § 2726.3 (Williams, § 2726.64)
- T.C.A. (orig. ed.), § 42-114
- Acts 1989, ch. 591, § 111
- 1994, ch. 797, § 2
- 2013, ch. 154, §§ 46, 47.
§ 42-1-204. Penalty for violating other provisions. - (a) Any person violating any provision of this part other than the provisions of §§ 42-1-201 and 42-1-203 commits a Class A misdemeanor.
- (b) For any violation of § 42-1-202, in addition to, or in lieu of, the penalties provided in subsection (a), or as a condition to the suspension of a sentence that may be imposed pursuant thereto, the court in its discretion may prohibit the violator from operating an aircraft within the state for such period as it may determine, but not to exceed one (1) year. A violation of the duly imposed prohibition of the court may be treated as a separate offense under § 42-2-105 or as a contempt of court.
History (6)
- Acts 1947, ch. 132, § 4
- C. Supp. 1950, § 2726.4 (Williams, § 2726.65)
- Acts 1957, ch. 374, § 21
- T.C.A. (orig. ed.), § 42-115
- Acts 1989, ch. 591, § 111
- 1994, ch. 797, §§ 5, 6.
§ 42-1-205. Clerk to send copy of conviction to department of transportation. - It is the duty of the clerk in any court in which the operator of an aircraft is convicted of a violation of this part to send a certified copy of the judgment to the department of transportation, the cost of the copy to be added to the costs of the criminal cause. The clerk shall include in the information sent to the department the results of any tests for alcohol or other substances that were conducted in connection with the conduct resulting in the conviction.
History (6)
- Acts 1947, ch. 132, § 5
- C. Supp. 1950, § 2726.5 (Williams, § 2726.66)
- impl. am. Acts 1957, ch. 374
- impl. am. Acts 1972, ch. 829, § 16
- T.C.A. (orig. ed.), § 42-116
- Acts 1994, ch. 797, § 3.
§ 42-1-206. Department to advise federal officials of conviction. - It is the duty of the department of transportation to advise the officials of the federal government charged with the licensing of pilots of an aircraft whenever there has been a conviction of any person under this part, and it is further the duty of the department to petition the proper officials of the federal government to suspend the license of any pilot convicted of violating this part and to cooperate with the federal licensing officials in whatever investigation they may make in connection with any suspension hearing.
History (5)
- Acts 1947, ch. 132, § 6
- C. Supp. 1950, § 2726.6 (Williams, § 2726.67)
- impl. am. Acts 1957, ch. 374
- impl. am. Acts 1972, ch. 829, § 16
- T.C.A. (orig. ed.), § 42-117.
§ 42-1-207. Armed forces and air shows excepted. - The prohibitions of this part relating to reckless operation of aircraft shall not apply to:
- (1) Members of the armed forces of the United States, including the flying squadrons of the Tennessee national guard, when engaged in operating aircraft in the course of military or naval flight training requiring the type of flying defined in this part as reckless; or
- (2) Air show participants who have received prior permit and approval from the department of transportation, whenever the participants are flying within the limits set out in the permit.
History (5)
- Acts 1947, ch. 132, § 7
- C. Supp. 1950, § 2726.7 (Williams, § 2726.68)
- impl. am. Acts 1957, ch. 374
- impl. am. Acts 1972, ch. 829, § 16
- T.C.A. (orig. ed.), § 42-118.
§ 42-1-208. Reports of arrests under § 42-1-201 or § 42-1-203. - Within thirty (30) days of an arrest being made for a violation of § 42-1-201 or § 42-1-203, the arresting law enforcement agency shall report the filing of charges, the results of any tests for alcohol or other substances that were conducted and the results of the trial or other subsequent proceeding, if known within that time period, to the division, branch or office of the federal aviation administration having jurisdiction for the regulation and certification of crewmembers or airplanes in the area of the agency. Law enforcement agencies possessing evidence of a violation of § 42-1-201 or § 42-1-203 shall present the evidence for use by the federal aviation administration as well as for prosecution by the state under this section.
Part 3 Helicopter Touring § 42-1-301. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Commercial helicopter touring” means carrying passengers by helicopter, for compensation, from one (1) site for the purpose of aerial observation of landmarks and other manmade or natural sites, touring, sightseeing or amusement or for the purpose of transporting passengers for tourist-related activities and returning the passengers to the original site;
- (2) “Primary public airport” means an airport operated by a municipal government, county government or public airport authority and regulated by the federal aviation administration; and
- (3) “Tourist resort county” means a county having more than five percent (5%) of its territory located within the boundaries of a national park established pursuant to 16 U.S.C. § 403.
History (2)
- Acts 1991, ch. 212, § 2
- 1991, ch. 486, § 2.
§ 42-1-303. Penalty. - A violation of this part constitutes a nuisance and shall be subject to abatement as provided in title 29, chapter 3.
History (2)
- Acts 1991, ch. 212, § 4
- 1991, ch. 486, § 3.
Chapter 2 State Administration Part 1 General Provisions § 42-2-101. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Aeronautics” means:
- (A) The science and art of flight, including, but not limited to, transportation by aircraft;
- (B) The operation, construction, repair, or maintenance of aircraft, aircraft power plants and accessories, including the use, repair, packing, and maintenance of parachutes;
- (C) The design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports or other air navigation facilities; and
- (D) Instruction in flying or ground subjects pertaining thereto;
- (2) “Aeronautics instructor” means any individual who for hire or reward engages in giving instruction or offering to give instruction in flying or ground subjects pertaining to aeronautics. “Aeronautics instructor” excludes any instructor in a public school, university, or institution of higher learning duly accredited and approved for carrying on collegiate work, who instructs in flying or ground subjects pertaining to aeronautics, only in the performance of that person's duties at the school, university or institution;
- (3) “Air navigation facility” means any facility, other than one owned or operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of these facilities;
- (4) “Air school” means:
- (A) Any aeronautics instructor who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics; and
- (B) Any person who advertises, represents or holds out as giving or offering to give instruction in flying or ground subjects pertaining to aeronautics whether for or without hire or reward. “Air school” excludes any public school or university, or institution of higher learning duly accredited and approved for carrying on collegiate work;
- (5) “Aircraft” means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air;
- (6) “Airman” means:
- (A) Any individual who engages, as the person in command, or as pilot, mechanic, or member of the crew, in the navigation of aircraft while under way;
- (B) Any individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft engines, propellers, or appliances; and
- (C) Any individual who serves in the capacity of aircraft dispatcher, or air-traffic control-tower operator;
- but does not include any individual employed outside the United States, or any individual employed by a manufacturer of aircraft, aircraft engines, propellers, or appliances to perform duties as inspector or mechanic in connection therewith, or any individual performing inspection or mechanical duties in connection with aircraft owned or operated by that individual;
- (7) “Airport” means any area of land or water that is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements or rights-of-way, together with all airport buildings and facilities located on such areas, easements or rights-of-way;
- (8) “Airport hazard” means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or that is otherwise hazardous to such landing or taking off;
- (9) “Approach surface” means the imaginary sloping plane beginning at the end of a runway or landing strip and rising uniformly over the approach area at the required slope;
- (10) “Avigation easement” means any easement that includes all or any part of the following:
- (A) The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain described land, at the altitude or height above the surface of the land as determined by the department of transportation;
- (B) The right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures or facilities and the growth of any trees or objects upon the real estate, over, above and across certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and
- (C) The right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons on the land;
- (11) “Commissioner” means the commissioner of transportation;
- (12) “Department” means the department of transportation;
- (13) “Disburse” or “expend” means disburse or expend through the state treasurer in the manner required by law for the disbursement and expending of public moneys, except that no special legislative appropriation shall be required;
- (14) “General aviation industry” means all aviation in this state with the exception of the airlines and the military;
- (15) “Landing strip” means that part of the area within an airport boundary that either in its natural state or as a result of construction work is suitable for the landing and take off of aircraft;
- (16) “Municipal” means pertaining to a municipality as defined in this section;
- (17) “Municipality” means any county, incorporated city, incorporated town, authority, district or other political subdivision or public corporation of this state;
- (18) “Operation of aircraft” or “operate aircraft” means the use, navigation or piloting of aircraft in the airspace over this state or upon any airport within this state;
- (19) “Parachute” includes any device used for the aerial descent of airmen or passengers from aircraft while such aircraft is in flight;
- (20) “Parachute jump” means exit from, departure from or bailing out of an aircraft in flight by airmen or passengers;
- (21) “Permit” means a permit issued by the department under this chapter;
- (22) “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative of such a person;
- (23) “Public use airport” means any area of land or water, or both, designed and set aside for the taking off and landing of aircraft and utilized or to be utilized in the interest of the public for those purposes;
- (24) “Regularly scheduled aeronautics” means those flight activities conducted in accordance with a published schedule such as the “Official Airline Guide,” or those flight activities routinely flown on certain days of the week or month; provided, that any activities flown less than an average of three (3) times per week are excepted from this definition;
- (25) “Runway” means the paved, hard surfaced, or stabilized portion of a landing strip;
- (26) “State” or “this state” means the state of Tennessee;
- (27) “State airway” means a route in the navigable airspace over and above the lands or waters of this state, designated by the department as a route suitable for air navigation;
- (28) “Structure” means any object constructed or installed by humans, including, but not limited to, buildings, towers, smokestacks, electronic transmission or receiving towers and antennae, and overhead transmission lines;
- (29) “Transitional surface” means an imaginary sloping plane having a profile perpendicular to the extended runway or landing strip longitudinal centerlines, beginning at the outside edge of the approach surface and rising uniformly at the required slope; and
- (30) “Urban areas” means the five (5) most populous regions of the state that lie within twenty-five (25) miles of an airport.
History (6)
- Acts 1957, ch. 374, § 1
- 1969, ch. 82, § 1
- 1977, ch. 137, § 1
- T.C.A., § 42-202
- Acts 1980, ch. 631, § 1
- 1981, ch. 264, § 17.
§ 42-2-102. Purpose of chapter. - It is declared that the purpose of this chapter is to further the public interest and aeronautical progress by:
- (1) Providing for the protection and promotion of safety in aeronautics;
- (2) Cooperating in effecting uniformity of the laws and regulations relating to the development and regulation of aeronautics in the several states consistent with federal aeronautics laws and regulations;
- (3) Granting to a state agency such powers and imposing upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within its jurisdiction, assist in the development of a statewide system of airports, cooperate with and assist the municipalities of the state and others engaged in aeronautics, and encourage and develop aeronautics;
- (4) Establishing only such regulations as are essential in order that persons engaged in aeronautics of every character may so engage with the least possible restriction, consistent with the safety and the rights of others; and
- (5) Providing for cooperation with the federal authorities in the development of a national system of civil aviation and for coordination of the aeronautical activities of those authorities and the authorities of this state.
History (2)
- Acts 1957, ch. 374, § 2
- T.C.A., § 42-203.
§ 42-2-103. Public purpose of activities — Immunity. - (a) The acquisition of any lands or interests in lands pursuant to this chapter, the planning, acquisition, establishment, construction, improvement, maintenance, equipment, and operation of airports, air navigation facilities, and avigation easements and the acquisition, lighting, marking or eliminating of airport hazards, whether by the state separately or jointly with any municipality or municipalities, or airport authority, and the exercise of any other powers granted in this chapter to the department are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity, and no action or suit shall be brought or maintained against the state or any municipality, or airport authority or any officers, agents, servants, or employees of the foregoing, in or about the construction, maintenance, operation, superintendence, or management of any state or municipal airport or airport authority, navigation facility, avigation easement or airport hazard.
- (b) All lands and other property and privileges acquired and used by or on behalf of the state in the manner and for the purposes enumerated in this chapter shall and are declared to be acquired and used for public and governmental purposes and as a matter of public necessity.
History (3)
- Acts 1957, ch. 374, § 11
- 1977, ch. 137, § 7
- T.C.A., §§ 42-219, 42-2-118.
§ 42-2-104. Federal airman and aircraft certificates. - (a) Operation Without Certificate, Permit or License Unlawful. It is unlawful for any person to operate or cause or authorize to be operated any civil aircraft within this state, unless that aircraft has an appropriate effective certificate, permit or license issued by the United States, if such certificate, permit or license is required by the United States. It is unlawful for any person to engage in aeronautics as an airman in the state unless that person has an appropriate effective airman certificate, permit, rating or license issued by the United States authorizing that person to engage in the particular class of aeronautics in which such person is engaged, if a certificate, permit, rating or license is required by the United States.
- (b) Exhibition of Certificates.
- (1) Where a certificate, permit, rating or such person's license is required for an airman by the United States, it shall be kept in the airman's personal possession when the airman is operating within the state and shall be presented for inspection upon the demand of any peace officer, or any other officer of the state or of a municipality or member, official or employee of the department, authorized pursuant to § 42-2-215, to enforce the aeronautics laws, or any official, manager or person in charge of any airport upon which the airman shall land, or upon the reasonable request of any other person.
- (2) Where a certificate, permit or license is required by the United States for an aircraft, it shall be carried in the aircraft at all times while the aircraft is operating in this state, shall be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors, and shall be presented for inspection upon the demand of any peace officer, or any other officer of this state or of a municipality or member, official, or employee of the department authorized pursuant to § 42-2-215 to enforce the aeronautics laws, or any official, manager or person in charge of any airport upon which the aircraft shall land, or upon the reasonable request of any person.
History (3)
- Acts 1957, ch. 374, § 13
- 1972, ch. 829, § 21
- T.C.A., §§ 42-221, 42-2-120.
§ 42-2-105. Violation of chapter, regulations or orders — Penalty. - A violation of this chapter, or any of the rules, regulations or orders issued pursuant to this chapter, is a Class E felony.
History (3)
- Acts 1957, ch. 374, § 21
- T.C.A., §§ 42-229, 42-2-128
- Acts 1989, ch. 591, § 34.
§ 42-2-106. Parachute jumps. - (a) It is unlawful for any airman or passenger to parachute jump from an aircraft that is in flight, except in an emergency declared by the pilot in command of the aircraft, or unless such jump is made in compliance with existing federal regulations as are set forth by the federal aviation administration and with the equipment as prescribed by the existing rules and regulations of the federal aviation administration. Any airman or passenger who parachute jumps from an aircraft shall comply fully with part 105 of the federal air regulations.
- (b) All permanent drop zones are to be registered with the department. The registration is to include the drop zone's location, the names of those persons responsible for activities at the drop zone, the name of the organization involved, and the written permission of the property owner or airport manager, if an airport is the drop zone.
- (c) No provision in this section shall apply to personnel of the federal or state military forces making military parachute jumps in accordance with military orders or regulations.
History (5)
- Acts 1957, ch. 374, § 31
- 1965, ch. 211, § 1
- 1972, ch. 829, § 26
- 1974, ch. 695, §§ 1, 2
- T.C.A., §§ 42-237, 42-2-136.
§ 42-2-107. License, tax or payment for use of publicly owned public use airports by certain aircraft prohibited — Exception — Exemption. - It is unlawful for any municipality to require the payment of any license fee, tax or otherwise charge any sum of money for the use of any publicly owned public use airport for purpose of landing, taking off or any other purpose directly connected with that purpose for aircraft whose gross weight is twelve thousand five hundred pounds (12,500 lbs.) or less, except such planes used by regularly scheduled aeronautics; provided, that this section shall not be construed to make it unlawful to require payment for overnight storage of aircraft or to charge a fee or tax in conjunction with the purchase of aviation fuel; and provided further, that all airports operated by metropolitan airport authorities created pursuant to chapter 4 of this title are exempt from this section and that the department, for good cause shown, may exempt any publicly owned public use airport from all or any portion of this section.
History (6)
- Acts 1957, ch. 374, § 35
- 1972, ch. 829, § 21
- T.C.A., § 42-241
- Acts 1980, ch. 631, § 2
- impl. am. Acts 1981, ch. 264, § 17
- T.C.A., § 42-2-140.
Part 2 Department of Transportation § 42-2-201. Administration of chapter. - The department is vested with the powers, duties and functions necessary to administer this chapter.
History (10)
- Acts 1957, ch. 374, § 3
- impl. am. Acts 1959, ch. 9, § 3
- 1969, ch. 82, § 2
- 1970, ch. 554, § 1
- 1972, ch. 829, § 16
- 1976, ch. 806, § 1(3)
- impl. am. Acts 1977, ch. 137, § 10
- T.C.A., § 42-204
- Acts 1981, ch. 264, § 14
- T.C.A., § 42-2-103.
§ 42-2-202. Office and expenses of department. - Suitable offices and office equipment shall be provided by the state for the department in Davidson County, and the department, with the approval of the commissioner, or a person delegated by the commissioner to act in the commissioner's stead, has the power to make such other expenditures as are necessary to effect the purposes of this chapter, and may incur the necessary expense for office furniture, stationery, printing, incidental expenses, and other expenses necessary for the administration of this chapter.
History (4)
- Acts 1957, ch. 374, § 3
- impl. am. Acts 1959, ch. 9, § 3
- Acts 1972, ch. 829, § 21
- T.C.A., §§ 42-206, 42-2-105.
§ 42-2-203. Municipal airports. - (a) Technical Services of the Department. The department may, insofar as it is reasonably possible, make available the engineering and other technical services of the department, with or without charge, to any municipality, whether acting alone or with any other municipality or with the state, or person desiring them, in connection with the planning, acquisition, construction, improvement, maintenance or operation of airports, air navigation facilities, avigation easements or the acquisition, lighting, marking, or elimination of airport hazards.
- (b) State Financial Assistance. The department may render financial assistance by grant or loan or both to any municipality or municipalities acting jointly, whether acting alone or with any other municipality or with the state, in the planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled, or to be owned or controlled by such municipality or municipalities, out of appropriations made by the general assembly for such purposes. This financial assistance may be furnished in connection with federal or other financial aid for the same purposes.
- (c) Federal Aid; Other Available Funds; Technical Design Coordination with Department.
- (1) The department may act as agent for any individual municipality or municipalities acting jointly, in accepting, receiving, receipting for and disbursing federal moneys, and other moneys, public or private, made available to finance, in whole or in part, the planning, acquisition, construction, improvement, maintenance, equipment or operation of a municipal airport, air navigation facility, avigation easement, or the acquisition, elimination, obstruction marking or obstruction lighting of airport hazards, and if requested by an individual municipality or municipalities acting jointly, may act as its or their agent in contracting for and supervising any planning, acquisition, construction, improvement, maintenance, equipment, operation, or elimination; and all municipalities are authorized to designate the department as their agent for the foregoing purposes. The department, as principal on behalf of the state, and any municipality on its own behalf, may enter into any contracts, with each other or with the United States or with any person, that may be required in connection with a grant or loan of federal moneys for municipal airport, air navigation facility, avigation easement, or airport hazard purposes. All federal moneys accepted under this section shall then be transferred or expended by the department upon the terms and conditions prescribed by the United States. All moneys received by the department pursuant to this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the moneys are received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, subject to disbursement by order of the department for such purposes.
- (2) Any proposed construction activity that would involve any source of funding other than the department shall be subject to technical design coordination with the department and the receipt of its approval to ensure consistency with the state's airport system plan, unless such proposal would involve facilities for the use of the airlines or the military.
History (4)
- Acts 1957, ch. 374, § 6
- 1972, ch. 829, § 21
- 1977, ch. 137, § 5
- T.C.A., §§ 42-213, 42-2-112.
§ 42-2-204. State airports. - (a) Establishment; Operation; Maintenance.
- (1) The department is authorized on behalf of and in the name of the state, out of appropriations and other moneys made available for these purposes, to plan, establish, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the state, including the construction, installation, equipment, maintenance and operation at airports or buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers.
- (2) For purposes of subdivision (a)(1), the department may, by purchase, gift, devise, lease, condemnation or otherwise, acquire property, real or personal, or any interest in property, real or personal, including avigation easements and easements in airport hazards, or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airports or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards, or to prevent the establishment of airport hazards.
- (3) In like manner, the department may acquire existing airports and air navigation facilities; provided, that it shall not acquire or take over any airport, air navigation facility, avigation easement or easement in airport hazards owned or controlled by a municipality of this or any other state without the consent of the municipality.
- (4) The department may, by sale, lease, or otherwise, dispose of any property, airport, air navigation facility, avigation easement, easement in airport hazard or portion thereof or interest therein.
- (5) Disposal shall be in accordance with the laws of this state governing the disposition of other property of the state, except that in the case of disposals to any municipality or state government or the United States for aeronautical purposes incident thereto, the sale, lease, or other disposal may be effected by the manner and upon the terms that the department may deem in the best interest of the state.
- (b) Airport Zoning. Nothing contained in this chapter shall be construed to limit any right, power or authority of the state or a municipality to regulate airport hazards by zoning.
- (c) Joint Operations. The department may exercise any powers granted by this section jointly with any municipalities or agencies of the state government, with other states or their municipalities, or with the United States.
- (d) Condemnation.
- (1) In the condemnation of property authorized by this section, the department shall proceed in the name of the state in the manner provided by title 29, chapter 16.
- (2) 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.
- (3) Notwithstanding any other statute, or the charter of any municipality, the department may take possession of any property to be condemned at any time after the commencement of the condemnation proceedings.
- (4) The department shall not be precluded from abandoning the condemnation of any property in any case where possession thereof has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken by the proceedings and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.
- (e) Federal Aid. The department is authorized to accept, receive, receipt for, disburse and expend federal money, and other moneys, public or private, made available to accomplish, in whole or in part, any of the purposes of this section. All moneys accepted under this section shall be accepted and expended by the department upon the terms and conditions prescribed by the United States. In accepting federal moneys under this section, the department shall have the same authority to enter into contracts on behalf of the state as is granted to the department under § 42-2-203(c) with respect to federal moneys accepted on behalf of municipalities. All moneys received by the department pursuant to this section shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which such moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, and held by the state in trust for those purposes subject to disbursement by order of the department for those purposes. All such moneys are appropriated for the purpose of which the moneys were made available, to be disbursed or expended in accordance with the terms and conditions upon which they were made available.
History (3)
- Acts 1957, ch. 374, § 7
- 1972, ch. 829, § 21
- T.C.A., §§ 42-214, 42-2-113.
§ 42-2-205. Operation and use of state airports and facilities. - (a) Departmental Operation.
- (1) In operating an airport, air navigation facility, or avigation easement owned or controlled by the state, the department may enter into contracts, leases and other arrangements for a term not exceeding fifty (50) years with any persons:
- (A) Granting the privilege of using or improving the airports or air navigation facility or any portion or facility of the airports or air navigation facility or space in the airports or air navigation facility for commercial purposes;
- (B) Conferring the privilege of supplying goods, commodities, things, services, or facilities at such airport or air navigation facility; or
- (C) Making available services to be furnished by the department or its agents at such airport or air navigation facility.
- (2) In each case, the department may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and shall be established with the due regard to the property and improvements used and the expenses of operation to the state; provided, that in no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility, avigation easement or portion or facility of the airport or avigation easement.
- (b) Other Operation. The department may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed fifty (50) years the privilege of operating, as agent of the state or otherwise, any airport owned or controlled by the state; provided, that no person shall be granted any authority to operate the airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport that the department might not have undertaken under subsection (a).
- (c) Liens. To enforce the payment of any charges for repairs to, or improvements, or storage or care of, any personal property made or furnished by the department or its agents in connection with the operation of an airport or air navigation facility owned or operated by the state, the state shall have liens on the property, which shall be enforceable by the department as provided by law.
History (3)
- Acts 1957, ch. 374, § 7
- 1972, ch. 829, § 21
- T.C.A., §§ 42-215, 42-2-114.
§ 42-2-206. State airways. - (a) The department may designate, design, and establish, expand, or modify a state airways system that will best serve the interest of the state.
- (b) It may chart such airways system and arrange for publication and distribution of such maps, charts, notices and bulletins relating to airways that may be required in the public interest.
- (c) The system shall be supplementary to and coordinated in design and operation with the federal airways system.
- (d) The system may include all types of air navigation facilities, whether publicly or privately owned, if such facilities conform to federal safety standards.
History (3)
- Acts 1957, ch. 374, § 8
- 1972, ch. 829, § 21
- T.C.A., §§ 42-216, 42-2-115.
§ 42-2-207. Contracts by department of transportation. - All contracts made by the department either as agent for the state, any municipality, or any airport authority shall be made pursuant to the laws of the state governing the making of like contracts; provided, that where the planning, acquisition, construction, improvement, maintenance, or operation of any airport, air navigation facility, avigation easement or the acquisition, lighting, marking or elimination of any airport hazard is financed wholly or partially with federal moneys, the department, as agent of the state, of any municipality, or of any airport authority, may let contracts in the manner prescribed by the federal authorities acting under the laws of the United States and any rules or regulations made thereunder.
History (4)
- Acts 1977, ch. 137, § 6
- T.C.A., § 42-217
- Acts 1981, ch. 264, §§ 16, 17
- T.C.A., § 42-2-116.
§ 42-2-208. Exclusive rights not to be granted — Effect of section. - The department shall not grant any exclusive right for the use of any airway, airport, or air navigation facility under its jurisdiction. This section shall not be construed to prevent the making of contracts, leases and other arrangements pursuant to §§ 42-2-204 and 42-2-205.
History (3)
- Acts 1957, ch. 374, § 10
- 1972, ch. 829, § 21
- T.C.A., §§ 42-218, 42-2-117.
§ 42-2-209. Rules, regulations and standards of department. - (a) Power to Issue.
- (1) The department may perform acts, issue and amend orders and make, promulgate, and amend reasonable, general or special rules, regulations and procedures, and establish minimum standards, consistent with this chapter, that it deems necessary to carry out this chapter and to perform its duties under this chapter, commensurate with and for the purpose of protecting and ensuring the general public interest and safety, the safety of persons operating, using or traveling in aircraft or persons receiving instructions in flying or ground subjects pertaining to aeronautics, and the safety of persons and property on land or water, and developing and promoting aeronautics in this state.
- (2) No rule or regulation of the department shall apply to airports or air navigation facilities owned or operated by the United States.
- (b) Conformity to Federal Legislation and Rules. All rules and regulations prescribed by the department under the authority of this chapter shall be kept in conformity, as nearly as may be, with the then current federal legislation governing aeronautics and the rules, regulations, and standards duly issued under that legislation.
History (3)
- Acts 1957, ch. 374, § 12
- 1972, ch. 829, § 21
- T.C.A., §§ 42-220, 42-2-119.
§ 42-2-210. Licensing of air schools and aeronautics instructors. - (a) Regulations; Issuance of Licenses; Fees. The department is authorized to provide for the licensing of air schools, and of aeronautics instructors giving instructions in ground subjects pertaining to aeronautics. For each license of an air school, it may charge a fee not exceeding fifteen dollars ($15.00), and for each license of an aeronautics instructor in ground subjects pertaining to aeronautics, it may charge a fee not exceeding ten dollars ($10.00), except that the fee for the license of an aeronautics instructor shall not be charged in addition to the fee for the license of an air school in the event there is only one (1) aeronautics instructor instructing at that air school and that instructor is the operator of the air school. Any person licensed under this section must be then currently licensed as an instructor-pilot by the civil aeronautics authority of the United States.
- (b) Refusal to Issue Suspension or Revocation. The department may refuse to issue or may suspend or revoke, temporarily or permanently, any license of an air school or aeronautics instructor required pursuant to this section if it reasonably determines upon notice and opportunity for hearing that such air school or aeronautics instructor is not qualified. In arriving at such determination, the department shall be governed by the standards prescribed in § 42-2-209, and shall consider, among other things, whether the school or instructor has violated any statute of this state or the United States relating to aeronautics or the rules and regulations promulgated pursuant to those statutes, or whether the aeronautics instructor or any aeronautics instructor of the air school is addicted to the use of narcotics or other habit-forming drugs or to the excessive use of intoxicating liquor, or has made any false statements of a material nature in connection with an application to the department under this chapter, or has been guilty of conduct dangerous to the public safety or the safety of those engaged in aeronautics.
- (c) Unlawful Operation. It is unlawful for a person to operate an air school or for any aeronautics instructor to give instructions in ground subjects pertaining to aeronautics without an appropriate license as may be duly required by rule or regulation promulgated under subsection (a). It is unlawful for any aeronautics instructor to give instruction in flying unless the instructor has an appropriate effective instructor's rating, certificate, permit or license as a flight instructor issued by the United States.
History (3)
- Acts 1957, ch. 374, § 14
- 1972, ch. 829, § 21
- T.C.A., §§ 42-222, 42-2-121.
§ 42-2-211. Licensing of airports. - (a) Site Approvals; Regulations; Issuance of Certificates; No Fees; Standards; Effective Period; Revocation; Existing Airports.
- (1) Except as provided in subsection (d), the department is authorized to provide for the approval of airport sites and the issuance of certificates of approvals. No charge shall be made for any approval, and certificates of approval shall be issued without charge to all persons requesting them. Upon the promulgation of a rule or regulation providing for approvals, any municipality or person desiring or planning to construct or establish an airport may, prior to the acquisition of the site or prior to the construction or establishment of the proposed airport, make application to the department for approval of the site. The department shall with reasonable dispatch grant approval of a site if it is satisfied that:
- (A) The site is adequate for the proposed airport;
- (B) The proposed airport, if constructed or established, will conform to minimum standards of safety; and
- (C) Safe air traffic patterns could be worked out for the proposed airport and for all existing airports and approved airport sites in its vicinity.
- (2) An approval of a site may be granted subject to any reasonable conditions that the department may deem necessary to effectuate the purposes of this section, and shall remain in effect, unless sooner revoked by the department, until a license for an airport located on the approved site has been issued pursuant to subsection (b). The department may, after notice and opportunity for hearing to holders of certificates of an approval, revoke an approval if it reasonably determines that:
- (A) There has been an abandonment of the site as an airport site;
- (B) There has been a failure within the time prescribed, or if no time was prescribed, within a reasonable time, to develop the site as an airport or to comply with the conditions of the approval; or
- (C) Because of change of physical or legal conditions or circumstances the site is no longer usable for the aeronautical purposes for which the approval was granted.
- (3) No approval or certificate shall be required for the site of any existing airport; provided, that all applications for licenses to construct airports in counties having a population in excess of one hundred thousand (100,000), according to the 1950 federal census, have been previously approved by all municipal agencies, located in the counties, controlling or regulating airports located in the county.
- (b) Licenses; Regulations; Issuance; Renewals; Fees; Standards; Revocation; Unlawful Operation. Except as provided in subsection (d), the department is authorized to provide for the licensing of airports and the annual renewal of licenses. It may charge license fees not exceeding twenty-five dollars ($25.00) for each original license, and not exceeding ten dollars ($10.00) for each renewal of a license. Upon the promulgation of a rule or regulation providing for licensing, the department shall with reasonable dispatch, upon receipt of an application for an original license and the payment of the duly required fee for the license, issue an appropriate license if it is satisfied that the airport conforms to minimum standards of safety, and that safe air traffic patterns can be worked out for the airport and for all existing airport and approved airport sites in its vicinity. All licenses shall be renewable annually upon payment of the fees prescribed. Licenses and renewals thereof may be issued subject to any reasonable conditions that the department may deem necessary to effectuate the purposes of this section. The department may, after notice and opportunity for hearing to the licensee, revoke any license or renewal thereof, or refuse to issue a renewal, if it reasonably determines that:
- (1) There has been an abandonment of the airport as such;
- (2) There has been a failure to comply with the conditions of the license or renewal thereof; or
- (3) Because of change of physical or legal conditions or circumstances the airport has become either unsafe or unusable for the aeronautical purposes for which the license or renewal was issued. Except as provided in subsection (d), it is unlawful for any municipality, or officer, or employee thereof, or any person to operate an airport without an appropriate license for the airport, as may be duly required by rule or regulation issued pursuant to this subsection (b).
- (c) Optional Public Hearings. In connection with the grant of approval of a proposed airport site or the issuance of an airport license under subsections (a) and (b), the department may, on its own motion or upon the request of an affected or interested person, hold a hearing open to the public as provided in § 42-2-212.
- (d) Exemptions. This section does not apply to airports owned or operated by the United States. The department may, from time to time, to the extent necessary, exempt any other class of airports, pursuant to a reasonable classification or grouping, from any rule or regulation promulgated under this section or from any requirement of such a rule or regulation, if it finds that the application of the rule, regulation or requirement would be an undue burden on such class and is not required in the interest of public safety.
History (3)
- Acts 1957, ch. 374, § 15
- 1972, ch. 829, § 21
- T.C.A., §§ 42-223, 42-2-122.
§ 42-2-212. Investigations — Hearings. - (a) General Power of Department; Accidents; Witnesses; Subpoenas; Court Order. The department, or any person designated by the department, has the power to hold investigations, inquiries and hearings concerning matters covered by this chapter and the rules, regulations, and orders of the department, and concerning accidents in aeronautics within this state. Hearings shall be open to the public, and except as provided in § 42-2-216, shall be held upon such call or notice as the department may deem advisable. The department, and every person designated by the department to hold any inquiry, investigation or hearing, has the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books and documents. In case of the failure of any person to comply with any subpoena or order issued under the authority of this section, the department or its authorized representative may invoke the aid of any court of general jurisdiction of this state. The court may thereupon order that person to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as contempt of court.
- (b) Use and Limitations on Reports of Investigations. In order to facilitate the making of investigations by the department in the interest of public safety and promotion of aeronautics the public interest requires, and it is therefore provided, that the reports of investigations or hearings, or any part of the reports, shall not be admitted in evidence or used for any purpose in any suit, action or proceeding growing out of any matter referred to in the investigation, hearing or report, except in case of any suit, action or proceeding, civil or criminal, instituted by or in behalf of the department in the name of the state under this chapter or other laws of the state relating to aeronautics; nor shall the department, or the commissioner, or any agent or employee of the department, be required to testify to any facts ascertained in, or information gained by reason of, its official capacity, or be required to testify as an expert witness in any suit, action or proceeding involving any aircraft. Subject to this subsection (b), the department may in its discretion make available to appropriate federal, state and municipal agencies information and material developed in the course of its investigations and hearings.
History (3)
- Acts 1957, ch. 374, § 16
- 1972, ch. 829, § 21
- T.C.A., §§ 42-224, 42-2-123.
§ 42-2-213. Federal-state joint hearings — Reciprocal services — Accident reporting. - (a) The department is authorized to confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under this chapter, or relating to the sound development of aeronautics.
- (b) The department is authorized to avail itself of the cooperation, services, records and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this chapter. The department shall furnish to the agencies of the United States its cooperation, services, records and facilities, insofar as may be practicable.
- (c) The department shall report to the appropriate agency of the United States all accidents in aeronautics in this state of which it is informed, and shall insofar as is practicable preserve, protect and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation.
History (3)
- Acts 1957, ch. 374, § 17
- 1972, ch. 829, § 21
- T.C.A., §§ 42-225, 42-2-124.
§ 42-2-214. Use of state and municipal facilities and services. - In carrying out this chapter, the department may use the facilities and services of other agencies of the state and of the municipalities of the state to the utmost extent possible, and agencies and municipalities are authorized and directed to make available their facilities and services.
History (3)
- Acts 1957, ch. 374, § 18
- 1972, ch. 829, § 21
- T.C.A., §§ 42-226, 42-2-125.
§ 42-2-215. Enforcement of aeronautics laws. - (a) It is the duty of the department, the commissioner and employees of the department, and every state and municipal officer charged with the enforcement of state and municipal laws, to enforce and assist in the enforcement of this chapter and of all rules, regulations and orders issued pursuant to this chapter and of all other laws of this state relating to aeronautics; and in that connection each of the persons mentioned in this section is authorized to inspect and examine at reasonable hours any premises, and the buildings and other structures on the premises, where airports, air navigation facilities, air schools, or other aeronautical activities are operated or conducted. In aid of the enforcement of this chapter, the rules, regulations and orders issued pursuant to this chapter and of all other laws of the state relative to aeronautics, general police powers are conferred upon the department, the commissioner, and employees of the department designated by the department to exercise those powers.
- (b) The department is authorized, in the name of the state, to enforce this chapter and the rules, resolutions and orders issued pursuant to this chapter by injunction or other legal process in the courts of this state.
History (3)
- Acts 1957, ch. 374, § 19
- 1972, ch. 829, § 21
- T.C.A., §§ 42-227, 42-2-126.
§ 42-2-216. Orders — Notice and opportunity for hearings — Judicial review. - Every order of the department requiring performance of certain acts or compliance with certain requirements and any denial or revocation of any approval, certificate or license shall set forth the reasons and shall state the acts to be done or requirements to be met before approval by the department will be given or the approval, license or certificate granted or restored, or the order modified or changed. Orders issued by the department pursuant to this chapter shall be served upon the persons affected either by registered mail or in person. In every case where notice and opportunity for hearing are required under this chapter, except by agreement of the parties, the order of the department shall, on not less than ten (10) days' notice, specify a time when and place where the person affected may be heard, or the time within which the person may request a hearing, and the order shall become effective upon the expiration of the time for exercising the opportunity for hearing, unless a hearing is held or requested within the time provided, in which case the order shall be suspended until the department affirms, disaffirms or modifies such order after hearing held or default by the person affected. To the extent practicable, a hearing on the order shall be held in the county where the affected person resides or does business. Any person aggrieved by an order of the department or by the grant, denial, or revocation of any approval, license or certificate may have the action of the department reviewed by the courts of this state in the manner provided for, and subject to the rules of law applicable to, the review of the orders of other administrative bodies of the state, as set forth in title 27, chapter 9.
History (3)
- Acts 1957, ch. 374, § 20
- 1972, ch. 829, § 21
- T.C.A., §§ 42-228, 42-2-127.
§ 42-2-217. Exchange of violations information. - The department is authorized to report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violation of §§ 42-1-201, 42-1-202 and 42-2-104 and all penalties, of which it has knowledge, imposed upon pilots or the owners or operators of aircraft for violations of the law of this state relating to aeronautics or for violations of the rules, regulations or orders of the department. The department is authorized to receive reports of penalties and other data from agencies of the federal government and other states and, when necessary, to enter into agreements with federal agencies and the agencies of other states governing the delivery, receipt, exchange and use of reports and data. The department may make the reports and data of the federal agencies, the agencies of other states, and the courts of the state available, with or without request for the reports and data, to any and all courts of this state, and to any officer of the state or of a municipality authorized pursuant to § 42-2-215 to enforce the aeronautics laws.
History (3)
- Acts 1957, ch. 374, § 24
- 1972, ch. 829, § 21
- T.C.A., §§ 42-230, 42-2-129.
§ 42-2-219. Certificates of public convenience and necessity — Granting — Fees. - The department has the exclusive jurisdiction of granting certificates of public convenience and necessity for the operation of common carriers by air for the transportation of persons or property. Upon the filing of an application for a certificate of public convenience and necessity, the department shall, within a reasonable time, fix a time and place for hearing the application, not less than twenty (20) days after the filing, and shall hear and determine the application within a reasonable length of time. If the department finds that the proposed operation is justified, and that the applicant is fit, willing and able to properly perform the services proposed and to conform to this chapter and the requirements, rules and regulations of the department, it shall issue a certificate to the applicant, subject to the terms, limitations and restrictions the department may deem proper, authorizing in whole or in part the operation covered by the application. If the department finds that the proposed operation is not justified, the application shall be denied. At the time an application is filed, the department shall require the payment of an application fee, which shall be set by the department at an amount sufficient to defray the usual costs of a hearing. Nothing in this section in any way applies to an air carrier operating by authority of a certificate, or certificates, of public convenience and necessity issued by the civil aeronautics authority, the civil aeronautics board, or any other federal agency authorized to issue such certificates.
History (3)
- Acts 1957, ch. 374, § 26
- 1972, ch. 829, § 21
- T.C.A., §§ 42-232, 42-2-131.
§ 42-2-220. Cooperation with federal agencies. - The department is empowered to work in connection with the Tennessee valley authority, or any department or agency of the federal government, for the purpose of rendering service or advancing aeronautics generally in the state, and to spend such available funds as are necessary to carry out the work.
History (3)
- Acts 1957, ch. 374, § 27
- 1972, ch. 829, § 21
- T.C.A., §§ 42-233, 42-2-132.
§ 42-2-221. Air schools — Establishment and maintenance. - The department is empowered to establish and maintain or aid in the establishment and maintenance of air schools offering instructions in aeronautics, either in flying or ground subjects or both, for the purpose of fostering aeronautics in Tennessee.
History (3)
- Acts 1957, ch. 374, § 28
- 1972, ch. 829, § 21
- T.C.A., §§ 42-234, 42-2-133.
§ 42-2-222. Audits of municipalities receiving state aid — Withholding aid where funds improperly used. - The department is charged with the express duty of auditing the books of any municipality or airport authority of this state that receives any of the funds appropriated or allocated by the state of Tennessee, insofar as may be necessary to determine that the funds are used solely and exclusively for the purpose of advancing the aviation program in the state and for no other purpose. In the event any municipality refuses the department or its representatives the right to make an audit, or in the event any such municipality or airport authority has misused the funds, then the department is empowered to and shall direct the withholding of any further distribution of state funds to the municipality or airport authority until it has reimbursed and restored to its aeronautics fund the amount so misused. The state treasurer, the commissioner of finance and administration and the commissioner of revenue shall respect and be governed by any withholding orders issued by the department under this section.
History (6)
- Acts 1957, ch. 374, § 29
- impl. am. Acts 1959, ch. 9, §§ 3, 14
- impl. am. Acts 1961, ch. 97, § 3
- 1972, ch. 829, § 21
- 1977, ch. 137, § 8
- T.C.A., §§ 42-235, 42-2-134.
§ 42-2-223. Department as agent for municipalities and airport authorities in receiving certain federal funds — Exceptions. - (a) The department shall act as agent for each municipality and airport authority for the purposes of applying for, receiving and disbursing federal funds made available pursuant to the former Airport and Airway Development Act of 1970, 84 Stat. 219, 49 U.S.C. 1970 ed. § 1701 et seq. [repealed], or any amendment thereto, unless a municipality or an airport authority owns an airport having a minimum of twenty-five thousand (25,000) originating enplanements annually on regularly scheduled airline carriers as certified by the federal civil aeronautics board, in which event the municipality or airport authority may act as principal with respect to any airport owned by it, or it may designate the department as its agent for the purposes mentioned in this subsection (a).
- (b) All funds received by the department shall be deposited in the state treasury to be kept and disbursed in a manner consistent with federal requirements.
History (4)
- Acts 1957, ch. 374, § 30
- 1972, ch. 829, § 21
- 1977, ch. 137, § 9
- T.C.A., §§ 42-236, 42-2-135.
§ 42-2-224. Procedure, rules and regulations governing department — Statutes governing procedure before Tennessee public utility commission applicable. - (a) Sections 4-5-322, 4-5-323, 65-2-101 — 65-2-109, and 65-2-112 — 65-2-121 shall also apply to the department of transportation and all procedures and proceedings of such department for the purposes of all matters within the jurisdiction of the department.
- (b) “Commission,” as used in the sections referred to in subsection (a), means the department of transportation.
History (3)
- Acts 1957, ch. 374, § 32
- 1972, ch. 829, § 21
- T.C.A., §§ 42-238, 42-2-137.
§ 42-2-225. Reporter — Official record — Transcripts. - The department is authorized and directed to employ a competent court reporter or stenographer, whose salary or charges shall be paid out of the general appropriations for the department, and whose duties it shall be to take down and transcribe all testimony offered in contested cases, to prepare the official record of all contested cases, which record shall include all petitions, applications, testimony, exhibits and such other matter as required by law or as the department may direct, and to perform such other duties as the department may direct; provided, that the department may in its discretion direct the reporter not to transcribe particular proceedings if it appears that no transcript is necessary; and provided further, that any party to a contested case may obtain copies of the transcript of testimony made by the department's reporter upon the payment to the department of the cost of the transcript at such rate as the department may determine; and provided further, that expense of taking down and preparing the official record shall be deemed as part of the costs of such proceeding and all or any part thereof shall be ordered paid by such party or parties as the department shall deem proper.
History (3)
- Acts 1957, ch. 374, § 33
- 1972, ch. 829, § 21
- T.C.A., §§ 42-239, 42-2-138.
§ 42-2-226. Proceedings before hearing examiners. - In any contested case the department may direct that the proceedings or any part of the proceedings be heard by a hearing examiner to be appointed by the department. Proceedings before a hearing examiner shall be according to this chapter, other applicable laws and the rules of the department. Whenever a contested case, or any part of a contested case, is heard by a hearing examiner, the hearing examiner shall make a proposal for decision in writing, which shall include findings of fact and conclusions of law made by the hearing examiner. The proposal for decision shall be served on all parties of record, and each party who would be adversely affected by the proposed decision shall be given an opportunity to file exceptions and present argument in writing to the department itself. Before the department enters a final order in such cases, the members thereof shall personally consider the entire record, or the portion of the record cited by the parties, and shall make its decision in the form and manner prescribed by this chapter for decisions in contested cases.
History (3)
- Acts 1957, ch. 374, § 34
- 1972, ch. 829, § 21
- T.C.A., §§ 42-240, 42-2-139.
§ 42-2-227. Structures — Regulations governing — Permits — Authority of department. - (a) Until a permit has been issued by the department, no person shall erect, add to the height of, or replace any structure within the areas described in subsections (b) and (c), that will result in a structure higher than allowed by those subsections, nor at any other place in this state that will result in a structure extending more than five hundred feet (500′) above the land at the site of a proposed structure, nor at any other place in this state that will result in a structure extending more than two hundred fifty feet (250′) above the land at the site of a proposed structure that is within two (2) miles of a state highway, federal highway or a railroad.
- (b) In territory surrounding public use airports for which zoning ordinances or resolutions have not been made effective by local governmental authorities pursuant to chapter 6 of this title, no person shall erect, add to the height of, or replace any structure within any area lying two hundred fifty feet (250′) on either side of an extension of an airport runway center line at a distance of two hundred feet (200′) beyond the end of the runway, widening thereafter uniformly to a width of one thousand seven hundred fifty feet (1,750′) on either side of the extension of the runway center line at a distance of ten thousand two hundred feet (10,200′) beyond the end of the runway; and within any area beginning at the runway end elevation at two hundred feet (200′) beyond the runway end and arising at the ratio of one foot (1′) vertically for each thirty-four feet (34′) measured horizontally out to a distance of ten thousand two hundred feet (10,200′) beyond the end of the runway.
- (c) In territory for which a zoning ordinance or resolution has been made effective by local governmental authorities pursuant to chapter 6 of this title, no permit from the department shall be required, except where the erection, adding to the height of, or replacing of any structure would violate subsection (a). But no person shall erect, add to the height of, or replace any structure except as allowed by the local zoning ordinance or resolution. Outside of such locally zoned territory and within an area determined by the extensions of the approach surface and the transitional surface on the same slope ratios established under such local zoning ordinance or resolution, but not to exceed a slope ratio of one foot (1′) measured vertically to each fifty feet (50′) measured horizontally for the approach surface and one foot (1′) measured vertically to each seven feet (7′) measured horizontally for the transitional surface to a point where such extended approach and transitional surfaces intersect an imaginary plane five hundred feet (500′) above the established airport elevation, no structure shall be erected, altered by increasing the height or replaced until a permit has been obtained from the department.
- (d) A reasonable fee may be charged for the filing of an application, the amount of which shall be set by the department, and which shall be sufficient to defray the usual expenses of such investigation as may be necessary by the department or its staff. Application fees may vary with the height of the structure for the erection of which a permit is sought.
- (e) Every permit granted shall also specify what, if any, obstruction markers, markings, lighting or other visual or aural identification shall be installed on or in the vicinity of the structure. The required identification characteristics shall conform to federal laws and regulations where applicable; however, a higher standard of identification may be required under this section.
- (f) It is unlawful for any person to maintain, occupy or use a structure, or any part of a structure, that has been erected, added to or replaced in violation of this section.
- (g) In any instance where the department learns or has reasonable grounds to believe that any person is erecting or adding to a structure that would be subject to this section, but concerning which no application for a permit has been filed, it may on its own motion issue an order to that person to appear before the department and show cause why an application for a permit to erect or add to the structure need not be obtained. A date for a hearing shall be set out in such order.
- (h) In addition to any other remedy, the department may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this section or of any rules, regulations or orders of the department issued pursuant to this section. The court may grant such relief, by way of injunction, which may be mandatory, or otherwise, as may be necessary under this section and the rules, regulations and orders of the department issued pursuant to this section.
- (i) The department shall adopt and promulgate, and may from time to time amend or rescind, reasonable rules and regulations for the administration of this section. The rules and regulations and changes in the rules and regulations shall become effective at such time after being adopted as may be specified by the department, or as otherwise required by law and may be published and distributed at the department's expense.
- (j) The department shall prescribe and furnish forms necessary for the administration of this section.
History (4)
- Acts 1957, ch. 374, § 36
- 1972, ch. 829, § 21
- 1977, ch. 471, § 1
- T.C.A., §§ 42-242, 42-2-141.
Part 3 Tennessee Aeronautics Commission § 42-2-301. Creation. - (a)
- (1) There is created an advisory agency to be known as the Tennessee aeronautics commission to consist of five (5) members of whom at least one (1) but not more than two (2) shall live in each grand division of the state.
- (2) The members of the commission shall be appointed by the governor for terms to expire in one (1), two (2), three (3), four (4), and five (5) years, respectively, after July 1, 1969.
- (3) The successors of the members originally appointed shall be appointed for terms of five (5) years in the same manner as the members originally appointed under this chapter, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which that person's predecessor was appointed shall be appointed only for the remainder of the term.
- (4) Each member shall serve until the appointment and qualification of the member's successor.
- (5) All members shall be citizens and bona fide residents of the state and shall be persons qualified by their knowledge of and experience and interest in aeronautics.
- (6) To the extent feasible, the commission shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce and finance.
- (7) At least one (1) member shall be connected with the general aviation industry and at least one (1) member shall be a resident of an urban area.
- (b)
- (1) The members shall be paid the sum of twenty-five dollars ($25.00) per day for each day actually spent in the discharge of their official duties; provided, that not in excess of three thousand dollars ($3,000) shall be paid to the chair in any one (1) year; and provided further, that not in excess of one thousand five hundred dollars ($1,500) shall be paid to any one (1) member in one (1) year. In addition, the members shall be reimbursed for actual and necessary expenses incurred by them in the performance of their duties.
- (2) All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
- (c) The members may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office in the manner provided by law for the removal of other public officials for like causes.
- (d)
- (1) The commission shall, within thirty (30) days after its appointment, organize, adopt a seal, and make such rules and regulations for its administration, not inconsistent with this section, as it may deem expedient, and may from time to time amend and add to the rules and regulations.
- (2) At the organization meeting it shall elect from among its members a chair, a vice chair, and a secretary, to serve for one (1) year, and annually thereafter shall elect such officers, all to serve until their successors are appointed and qualified.
- (3) The commission shall at its initial meeting fix the date and place for its regular meeting.
- (e)
- (1) Three (3) members shall constitute a quorum, and no action shall be taken by less than a majority of the commission.
- (2) Special meetings may be called as provided by its rules and regulations.
- (3) Regular meetings shall be held at the commission's established offices, but, whenever the convenience of the public or of the parties may be promoted, or delay or expense may be prevented, it may hold meetings, hearings, or proceedings at any other place designated by it.
- (f) The commission shall serve in an advisory capacity to the commissioner and shall have the duty and responsibility to:
- (1) Assist in the formulation of relevant policy planning; and
- (2) Approve or disapprove all proposed changes in the state airport system plan, existing under the authority of § 42-2-204; provided, that approval or disapproval shall not affect any changes to the airport plan that may be required by the master transportation plan or any changes required to coordinate facilities with any other bureau within the department.
History (11)
- Acts 1957, ch. 374, § 3
- impl. am. Acts 1959, ch. 9, § 3
- 1969, ch. 82, § 2
- 1970, ch. 554, § 1
- 1972, ch. 829, § 16
- 1976, ch. 806, § 1(3)
- impl. am. Acts 1977, ch. 137, § 10
- T.C.A., § 42-204
- Acts 1981, ch. 264, § 14
- T.C.A., § 42-2-103
- Acts 2007, ch. 227, § 1.
Chapter 3 Airport Authorities Part 1 General Provisions § 42-3-101. Short title. - This chapter shall be known and may be cited as the “Airport Authorities Act.”
History (2)
- Acts 1957, ch. 376, § 22
- T.C.A., § 42-601.
§ 42-3-102. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Air navigation facility” means any facility, other than a facility owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities;
- (2) “Airport” means any area of land or water that is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements or rights-of-way, together with all airport buildings and facilities located on those areas;
- (3) “Airport authority” or “authority” means any regional airport authority or municipal airport authority created pursuant to this chapter;
- (4) “Airport hazard” means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft;
- (5) “Avigation easement” means any easement that shall include all or any part of the following:
- (A) The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain land, beginning at the altitude or height above the surface of the land as determined by the airport authority;
- (B) The right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures or facilities and the growth of any trees or objects upon the real estate, over, above and across such certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and
- (C) The right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons on the land;
- (6) “Bonds” means any bonds, notes, interim certificates, debentures, or similar obligations issued by an authority pursuant to this chapter;
- (7) “Clerk” means the custodian of the official records of a municipality;
- (8) “Governing body” means the official or officials authorized by law to exercise ordinance or other law-making powers of a municipality, county or political subdivision of another state;
- (9) “Municipal airport authority” or “municipal authority” means a municipal airport created pursuant to § 42-3-103;
- (10) “Municipality” means any county, or any incorporated city or incorporated town of this state;
- (11) “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative of the individual or organization; and
- (12) “Regional airport authority” or “regional authority” means a regional airport authority created pursuant to § 42-3-104.
History (4)
- Acts 1957, ch. 376, § 1
- 1977, ch. 471, § 3
- T.C.A., § 42-602
- Acts 2010, ch. 802, § 1.
§ 42-3-103. Creation of municipal airport authority — Dissolution of municipal airport authority. - (a) Authorization; Ordinance or Resolution Commissioners; Removal of Commissioners.
- (1) Any municipality may, by ordinance if a city or town, or by resolution if a county, create a municipal airport authority, which shall be authorized to exercise its functions upon the appointment and qualification of the first commissioners of the authority, and the issuance of a certificate of incorporation by the secretary of state. Upon adoption of an ordinance or resolution, whichever is applicable, creating a municipal airport authority, the governing body of the municipality shall, pursuant to the ordinance or resolution, appoint at least five (5) and no more than eleven (11) persons as commissioners of the authority. The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively, but thereafter, each commissioner shall be appointed by the governing body of the municipality for a term of five (5) years, except that vacancies occurring otherwise than by the expiration of terms shall be filled by the governing body of the municipality for the unexpired term, in the same manner as the original appointments.
- (2) The governing body of the municipality or the county may, by a two-thirds (⅔) vote of the governing body upon written charges and after a public hearing, remove any or all of the commissioners of the authority for incompetency, failure or neglect to perform the duties required by law, malfeasance, misfeasance, misconduct or corruption in office or for any other good and sufficient reason. If removed, a vacancy shall exist on the authority of the commissioner or commissioners so removed and the vacancy shall be filled by the governing body for the unexpired term in the same manner as in the case of the original appointment.
- (b) Application; Certificate; Corporate Existence.
- (1) The commissioners of the airport authority shall present to the secretary of state an application signed by them, which shall set forth, without any detail other than mere recital:
- (A) That the governing body of the municipality by ordinance or resolution created a municipal airport authority and thereafter appointed them as commissioners;
- (B) The name and official residence of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office and that they desire the municipal airport authority to become a public body corporate and politic under this chapter;
- (C) The term of office of each of the commissioners;
- (D) The name that is proposed for the corporation; and
- (E) The location of the principal office of the proposed corporation.
- (2) The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that such officer personally knows the commissioners, and knows them to be the officers as appointed in the application, and that each subscribed and swore thereto in the officer's presence. The secretary of state shall examine the application and if the secretary of state finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state, or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall receive and file it and shall record it in an appropriate book of record in the secretary of state's office.
- (3) When the application has been made, filed and recorded as provided in this subsection (b), the authority shall constitute a public body corporate and politic under the name proposed in the application. The secretary of state shall make and issue to the commissioners a certificate of incorporation pursuant to this chapter, under the seal of the state and shall record the certificate with the application.
- (4) Upon receiving the certificate of incorporation, the commissioners shall cause the certificate to be placed of record in the register's office of the county in which the airport authority has its principal office.
- (c) This section shall not apply to any county having a metropolitan form of government and having a population of more than one hundred thousand (100,000).
- (d)
- (1)
- (A) The county legislative body of any county that has created a municipal airport authority where the commissioners of the airport authority have, without legal authority to do so in accordance with § 42-3-104, altered their certificate of authority filed with the secretary of state, referring to the municipal airport created pursuant to this section as a regional airport authority, shall have the authority, if the county legislative body determines that it is in the best interest of the county that the airport authority so created be dissolved, then upon adoption of a resolution by a two-thirds (⅔) vote of the county legislative body, the county mayor shall execute and file for record with the secretary of state a certificate of dissolution reciting those facts and declaring the authority to be dissolved. The resolution shall be read and passed upon two (2) separate readings at two (2) consecutive meetings in open session. At least thirty (30) days shall have elapsed between the first and second readings. Any resolution not so read and passed shall be null and void.
- (B) The resolution dissolving the airport authority shall further provide whether the governing body of the municipality shall become the governing body to operate the airport.
- (2) Upon filing the certificate, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of the dissolution shall vest in and be delivered to the county to which this subsection (d) applies.
- (3) If within twelve (12) months of the dissolution, the county by resolution, votes to create a new municipal airport authority in the manner provided in this part, any grants or funds that had been given to or received by the previous, now dissolved, authority for its operation shall not be forfeited but for purposes of the funds or grants, the new authority created under this subdivision (d)(3) shall be deemed to be the named recipient authority of the funds or grants unless otherwise provided by specific language in the funds or grants.
History (4)
- Acts 1957, ch. 376, § 2
- T.C.A., § 42-603
- Acts 1996, ch. 624, §§ 1, 2
- 2009, ch. 446, §§ 1, 2, 4.
§ 42-3-104. Creation of regional airport authority — Changes as to municipalities served. - (a) Authorization; Resolution; Appointment and Removal of Commissioners.
- (1) Two (2) or more municipalities may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each municipality shall, pursuant to its resolution, appoint one (1) person as a commissioner of the authority; provided, that if the regional airport authority consists of an even number of municipalities, an additional commissioner shall be appointed by the governor.
- (2) In addition to the procedure set forth in subdivision (a)(1), one (1) or more municipalities and one (1) or more counties may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each participating municipality and the governing body of each participating county shall, pursuant to its resolution, appoint two (2) persons as commissioners of the authority. When the appointed commissioners convene, their first item of business shall be to appoint one (1) additional commissioner. If the commissioners cannot agree on the appointment of the additional commissioner, that position shall be filled by appointment of the governor.
- (3) In addition to the procedures set forth in subdivisions (a)(1) and (2), when three (3) or more municipalities and counties and at least one (1) political subdivision of another state jointly create and participate in a regional airport commission, then all such municipalities, counties, and the political subdivisions of another state who have participated in such regional airport commission, may, by resolution of each, create a public body, corporate and politic, to be known as a regional airport authority, which shall be authorized to exercise its functions upon the issuance by the secretary of state of a certificate of incorporation. The governing body of each participating municipality and the governing body of each participating county and the governing body of each political subdivision of another state shall, pursuant to its resolution, appoint the same number of persons as commissioners of the authority as existed in the regional airport commission. Such number of commissioners shall be specified in the certificate of incorporation.
- (4)
- (A) A commissioner or all of the commissioners of an authority may be removed for incompetency, failure or neglect to perform the duties required by law, malfeasance, misfeasance, misconduct or corruption in office or for any other good and sufficient reason.
- (B) If the governor makes an appointment pursuant to subdivision (a)(1) or (a)(2), the governor is authorized to remove the commissioner so appointed upon written charges and after a public hearing.
- (C) The governing body of the municipality, county, political subdivision of another state or the commissioners of the regional airport authority, as appropriate, that made the original appointment or appointments pursuant to subdivision (a)(1), (a)(2) or (a)(3) are authorized to remove the commissioner or commissioners so appointed by a two-thirds (⅔) vote of the governing body of the municipality, county, political subdivision of another state or regional airport authority, as appropriate, upon written charges and after a public hearing.
- (D) If removed, a vacancy shall exist on the authority of the commissioner or commissioners so removed and the vacancy shall be filled for the unexpired term by the governing body of the municipality, county, political subdivision of another state or the commissioners of the regional airport authority or the governor, as appropriate, in the same manner as in the case of the original appointment.
- (b) Increase in Municipalities Served. A regional airport authority may be increased from time to time to serve one (1) or more additional municipalities if each additional municipality and each of the municipalities then included in the regional authority and the commissioners of the regional authority, respectively, adopt a resolution consenting to the increase; provided, that if a municipal airport authority for any municipality seeking to be included in the regional authority is then in existence, the commissioners of the municipal authority consent to the inclusion of the municipality in the regional authority; and provided further, that if the municipal authority has any bonds outstanding, that the holders of at least sixty percent (60%) of the bonds consent, in writing, to the inclusion of the municipality in the regional authority. Upon the inclusion of any municipality in the regional authority, all rights, contracts, obligations, and property, real and personal, of the municipal authority shall be in the name of and vest in the regional authority.
- (c) Decrease in Municipalities Served. A regional airport authority may be decreased if each of the municipalities then included in the regional authority and the commissioners of the regional authority consent to the decrease and make provisions for the retention or disposition of its assets and liabilities; provided, that if the regional authority has any bonds outstanding, no decrease shall be effected unless the holders of at least sixty percent (60%) of the bonds consent to the decrease in writing.
- (d) Notice and Hearing as to Ordinances and Resolutions. A municipality shall not adopt any ordinance or resolution authorized by this section without a public hearing. Notice of the hearing shall be given at least ten (10) days prior to the hearing in a newspaper published in the municipality, or, if there is no newspaper published in the municipality, then in a newspaper having general circulation in the municipality.
- (e) Term of Commissioners — Vacancies. All commissioners of a regional airport authority created in accordance with subdivision (a)(1) or (a)(2) shall be appointed for terms of five (5) years each, except that a vacancy occurring other than by expiration of term shall be filled for the unexpired term in the same manner as the original appointments. Appointments at the expiration of a term shall be filled by the governing body of the participating municipality, the governing body of the participating county, or by the commissioners or the governor, as appropriate, that made the original appointments in accordance with subdivision (a)(1) or (a)(2).
History (6)
- Acts 1957, ch. 376, § 3
- T.C.A., § 42-604
- Acts 1991, ch. 486, § 1
- 2009, ch. 446, §§ 3, 5
- 2010, ch. 802, § 2
- 2011, ch. 139, §§ 1, 2.
§ 42-3-105. Certificate of incorporation of regional airport authority. - (a) Original Certificate.
- (1) The commissioners of the regional airport authority shall present to the secretary of state an application signed by them, which shall set forth, without any detail other than mere recital:
- (A) That the governing bodies (naming the municipalities) of the municipalities by ordinances or resolutions created a regional airport authority and thereafter appointed them as commissioners;
- (B) The name and official residence of each of the commissioners, together with a certified copy of the appointment evidencing their right to office, the date and place of induction into and taking oath of office, and that they desire the municipal airport authority to become a public body and a body corporate and politic under this chapter;
- (C) The term of office of each of the commissioners;
- (D) The name that is proposed for the corporation; and
- (E) The location of the principal office of the proposed corporation.
- The application shall be subscribed and sworn to by each of the commissioners before an officer authorized by the laws of the state to take and certify oaths, who shall certify upon the application that the officer personally knows the commissioners and knows them to be the officers as appointed in the application and that each subscribed and swore thereto in the officer's presence. The secretary of state shall examine the application and if the secretary of state finds that the name proposed for the corporation is not identical with that of a person or of any other corporation of this state, or so nearly similar as to lead to confusion and uncertainty, the secretary of state shall receive and file it and shall record it in an appropriate book of record in the secretary of state's office.
- (2) When the application has been made, filed and recorded, as provided in subdivision (a)(1), the authority shall constitute a public body corporate and politic under the name proposed in the application and the secretary of state shall make and issue to the commissioners a certificate of incorporation, pursuant to this chapter, under the seal of the state and shall record the certificate with the application.
- (3) Upon receiving the certificate of incorporation, the commissioners shall cause it to be placed of record in the register's office of each county in which is located one (1) or more of the participating municipalities.
- (b) Amended Certificate. When a regional airport authority is increased or decreased pursuant to § 42-3-104, it shall forward to the secretary of state a certified copy of each resolution adopted pursuant to the increase or decrease and upon receipt of the resolution, the secretary of state shall issue an amended certificate of incorporation in accordance with the resolution, which amended certificate shall be placed of record in the county register's office of each county in which is located one (1) or more of the participating municipalities.
History (2)
- Acts 1957, ch. 376, § 4
- T.C.A., § 42-605.
§ 42-3-106. Proof of existence of authority. - (a) Municipal Authorities. In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a municipal airport authority, created pursuant to § 42-3-103, the municipal authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers under this chapter upon proof of the adoption by the municipality of the resolution creating the municipal airport authority, the appointment and qualification of the first commissioners of the authority, and of the issuance and recording of a certificate of incorporation. Duly certified copies of the resolution creating the authority, the certificates of appointment of the commissioners, and the certificate of incorporation shall be admissible in evidence in any suit, action, or proceeding.
- (b) Regional Authorities. In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a regional airport authority, the regional airport authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers under this chapter upon proof of the issuance by the secretary of state of a certificate of incorporation of the regional airport authority. A copy of the certificate of incorporation, duly certified by the secretary of state, or by the county register in whose office the certificate of incorporation is recorded, shall be admissible in evidence in any suit, action, or proceeding.
History (2)
- Acts 1957, ch. 376, § 5
- T.C.A., § 42-606.
§ 42-3-107. Commissioners. - (a) A commissioner of an authority shall receive no compensation for services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of the commissioner's duties.
- (b) Each commissioner shall hold office until a successor has been appointed and has qualified. The certificates of the appointment and reappointment of commissioners shall be filed with the authority.
- (c) The powers of each authority shall be vested in the commissioners of the authority. A majority of the commissioners of an authority shall constitute a quorum for the purpose of conducting business of the authority and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of the commissioners present.
- (d) There shall be elected a chair and vice chair from among the commissioners. An authority may employ an executive director, secretary, technical experts and such other officers, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, an authority may call upon the chief law officer of the municipality or municipalities included in the authority or may employ its own counsel and legal staff. An authority may delegate to one (1) or more of its agents or employees such powers or duties as it may deem proper.
History (2)
- Acts 1957, ch. 376, § 6
- T.C.A., § 42-607.
§ 42-3-108. General powers — Motor vehicle traffic regulations. - (a) An authority has all the powers necessary or convenient to carry out the purposes of this chapter (excluding the power to levy and collect taxes or special assessments) including, but not limited to, the power to:
- (1)
- (A) Sue and be sued;
- (B) Have a seal;
- (C) Have perpetual succession; and
- (D) Have such immunity in tort cases as do municipalities under the Municipal Airport Act, compiled in chapter 5 of this title;
- (2) Execute such contracts and other instruments and take such other action as may be necessary or convenient to carry out the purposes of this chapter;
- (3) Plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and air navigation facilities, within this state and within any adjoining state, including the acquisition, construction, installation, equipment, maintenance, and operation of such airports or buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers, and the purchase and sale of supplies, goods, and commodities as are incident to the operation of its airport properties. For such purposes, an authority may, by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire property, real or personal, or any interest in property, including avigation easements and easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit the removal, elimination, obstruction-marking, or obstruction-lighting of airport hazards or to prevent the establishment of airport hazards;
- (4) Acquire by purchase, gift, devise, lease, eminent domain proceedings or otherwise, existing airports and air navigation facilities; provided, that an authority shall not acquire or take over any airport or air navigation facility owned or controlled by another authority, a municipality, or public agency of this or any other state without the consent of that authority, municipality, or public agency; and
- (5) Establish or acquire and maintain airports in, over, and upon any public waters of this state or any submerged lands under public waters; and construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any such airport, and landing floats and breakwaters for the protection of such structures.
- (b) Any authority that is operated by a board of commissioners whose membership is appointed by the legislative bodies of five (5) or more local governments has the power to promulgate, adopt, and enforce such motor vehicle traffic regulations for airport authority property as may be necessary to provide for the public safety.
History (3)
- Acts 1957, ch. 376, § 7
- T.C.A., § 42-608
- Acts 1988, ch. 501, § 1.
§ 42-3-109. Eminent domain. - In the acquisition of property by eminent domain proceedings authorized by this chapter, an authority shall proceed in the manner provided by title 29, chapter 16. For the purpose of making surveys and examinations relative to eminent domain proceedings, it is lawful for the authority to enter upon the land, doing no unnecessary damage. Notwithstanding any other statute or other law, an authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings. The authority shall not be precluded from abandoning the proceedings in any case where possession of the property has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.
History (2)
- Acts 1957, ch. 376, § 8
- T.C.A., § 42-609.
§ 42-3-110. Disposal of airport property. - Except as may be limited by the terms and conditions of any grant, loan, or agreement authorized by § 42-3-114, an authority may, by sale, lease, or otherwise, dispose of any airport, air navigation facility or other property, or portion thereof or interest therein, acquired pursuant to this chapter. Disposal by sale, lease, or otherwise, shall be in accordance with the laws of this state governing the disposition of other public property, except that in the case of disposal to another authority, a municipality or an agency of the state or federal government for use and operation as a public airport, the sale, lease, or other disposal may be effected in such manner and upon such terms as the commissioners of the authority may deem in the best interest of civil aviation.
History (2)
- Acts 1957, ch. 376, § 9
- T.C.A., § 42-610.
§ 42-3-111. Bonds and other obligations. - (a)
- (1) An authority has the power to borrow money for any of its corporate purposes and issue its bonds therefor, including refunding bonds, in such form and upon such terms as it may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources, which bonds may be sold at public sale at not less than par. Revenue bonds may be issued for the above purposes and the authority may pledge as security for such bonds all or any portion of the landing fees, concession fees, rents, charges, or any other revenues derived from the operation of the airport. Revenue bonds shall be issued in accordance with the applicable provisions of title 9, chapter 21; provided, that any fees, rents, or charges so pledged that are fixed and established pursuant to the provisions of a lease or contract shall not be subject to revision or change except in such manner as is provided in such lease or contract. Any bonds of any authority issued pursuant to this chapter that are payable, as to principal and interest, solely from revenues of an airport or air navigation facility (and they shall so state on their face) shall not constitute a debt of any municipality, the state, or any political subdivision thereof other than the authority, and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the commissioners of an authority nor any person executing the bonds shall be liable personally thereon by reason of the issuance of the bonds.
- (2) Notwithstanding subdivision (a)(1), the requirements of § 9-21-304 shall not apply to the issuance of revenue bonds by an authority hereunder, and any revenue bonds issued under this section without compliance with § 9-21-304 are hereby ratified and validated.
- (b) In case any of the commissioners or officers of an authority whose signatures appear on any bonds or coupons cease to be commissioners or officers after authorization but before the delivery of the bonds, the signatures shall nevertheless be valid and sufficient for all purposes, the same as if the commissioners or officers had remained in office until delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable.
- (c) Any bond reciting in substance that it has been issued by an authority pursuant to this chapter and for a purpose or purposes authorized to be accomplished by this chapter shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of the bond or the security for the bond, to have been issued pursuant to this chapter and for such purpose or purposes.
- (d) Bonds issued by an authority pursuant to this chapter are declared to be issued for an essential public and governmental purpose, and, together with interest on the bonds and income from the bonds, shall be exempt from all taxes.
- (e)
- (1) As used in this subsection (e), “airport” has the same meaning as defined in § 42-3-102 and includes:
- (A) Any one (1) or more airports or heliports and related facilities, including land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots, and such other structures, facilities, and improvements necessary or convenient to the development and maintenance of airports and heliports, and for the promotion and accommodation of air and space travel, commerce, and navigation; and
- (B) Any projects or improvements, or both, for which a regional airport authority formed pursuant to § 42-3-104(a)(3) would be eligible to receive grant funds from the federal aviation administration, or any comparable federal or state agency.
- (2) In addition to subsections (a)-(d), any regional airport authority formed pursuant to § 42-3-104(a)(3) has the power to borrow money for any corporate purposes and issue revenue bonds for any corporate purposes, including revenue refunding bonds, in such form and upon such terms as the authority may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources. The bonds may be sold at public or private sale. Revenue bonds may be issued for any corporate purposes and the authority may pledge as security for the bonds all or any portion of concessions, fees, rents, charges, or any other revenues derived from the operation of an airport or air navigation facility. The payment or purchase of the revenue bonds may be additionally secured, in whole or in part, in the manner provided in this section, by a pledge of the full faith and credit and unlimited taxing powers of all or any of the participating municipalities and counties with respect to which the authority has been created. The revenue bonds or revenue refunding bonds shall be issued in the manner provided for revenue bonds issued by a local government in the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21; provided, that any such fees, rents, or charges so pledged that are fixed and established pursuant to a lease or contract are not subject to revision or change except in such manner as is provided in the lease or contract. Any bonds of any authority issued pursuant to this chapter that are payable, as to principal and interest, solely from revenues of an airport or air navigation facility, which the bonds shall state on their face, shall not constitute a debt of any municipality, the state, or any other political subdivision of the state, other than the authority or any participating municipality or county, or both, guaranteeing the payment or purchase of the bonds in the manner provided in this chapter, and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the commissioners of any authority nor any person executing the bonds shall be personally liable on the bonds by reason of the issuance of the bonds.
- (f)
- (1) The governing bodies of the participating municipalities or counties, or both, with respect to which a regional airport authority has been formed pursuant to § 42-3-104(a)(3), may, by resolution, pledge the full faith and credit and unlimited taxing power of the participating municipalities or counties, or both, as guarantors to the payment of the principal or premium, if any, and interest on bonds of an authority, the purchase price of any such bonds subject to optional or mandatory tender for purchase, or the reimbursement or repayment to any bank or financial institution under any agreement providing for any draw, borrowing, advance, or payment to be made for the payment of the principal, premium, interest, or purchase price.
- (2) Prior to any meeting where the guarantee will be considered by any governing body of a participating municipality or a county, or both, a notice shall be published at least five (5) days in advance of the meeting in a newspaper of general circulation within the participating municipality or county, or both, as applicable, describing the matter to be considered and containing an estimate of the dollar amount of any contingent liability proposed to be undertaken by the participating municipality or county, or both.
- (3) In the event of any such pledge of the full faith and credit and unlimited taxing power of the participating municipalities or counties, or both, any holder of the bonds, including a trustee for holders of the bonds or any financial institution providing any agreement on the payment of principal, premium, interest, or purchase price on the bonds shall have the right, in addition to all other rights, by mandamus or other suit, action, or proceeding in any court of competent jurisdiction, to enforce the holder's rights against the participating municipalities or counties, or both, so pledging, and the participating municipalities or counties, or both, and any officer, agent, or employee of the participating municipalities or counties, or both, including the right to require the participating municipalities or counties, or both, and governing bodies and any proper officer, agent, or employee of the participating municipalities or counties, or both, levy, and collect taxes and other revenues and charges adequate to carry out any agreement as to, or pledge of, the taxes, revenues, and charges. The taxes authorized to be pledged in this subdivision (f)(3) shall be levied without limit as to rate or amount upon all taxable property within the participating municipalities or counties, or both, providing the guaranty, and all such taxes to be levied are hereby declared to have been levied for county and corporation purposes, respectively, within the meaning of the Constitution of Tennessee, Article II, § 29.
History (6)
- Acts 1957, ch. 376, § 10
- T.C.A., § 42-611
- Acts 1980, ch. 601, § 11
- 1988, ch. 750, § 48
- 2014, ch. 698, § 1
- 2017, ch. 128, § 1.
§ 42-3-112. Operation and use privileges. - (a) Operation by Authority.
- (1) In connection with the operation of an airport or air navigation facility owned, leased or controlled by an authority, the authority may, except as may be limited by the terms and conditions of any grant, loan or agreement, enter into contracts, leases, agreements, grants or other arrangements for terms not to exceed fifty (50) years with any person or persons; provided, that the public is not deprived of its rightful use of the airport or air navigation facility:
- (A) Granting the privilege of using or improving the airport or air navigation facility, including buildings or structures relating to the airport or air navigation facility, or real property acquired or set aside for such purposes, or any portion or facility of the airport or air navigation facility or space in the airport or air navigation facility for commercial purposes, establishing the charges, rentals or fees at a fixed or variable rate binding upon the parties for the full terms such contracts, leases, agreements, grants or other arrangements, which contracts, leases, agreements, grants or other arrangements may provide for the resolution of disputes arising thereunder or for the fixing of variable terms therein through arbitration or similar procedure;
- (B) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility;
- (C) Making available services to be furnished by the authority or its agents at the airport or air navigation facility; and
- (D) Determining the charges, rentals or fees for the use of any properties under its control, and the charges for any services or accommodations, and the terms and conditions under which the properties may be used, except that any charges, rentals and fees as may be fixed or determined by any contract, lease, agreement, grant or other arrangement of privileges, uses, services, accommodations or concessions to which the authority is a party or is the grantor, shall, if so expressly provided therein, be binding upon all parties thereto for the full terms prescribed therein, unless the same is sooner modified or terminated by mutual consent of the parties.
- (2) In each case, the authority may establish the terms and conditions and fix the charges, rentals or fees for the privileges, uses or services or use of buildings or structures that shall be reasonable and uniform for the same class of privilege or services and shall be established with due regard to the property and improvements used and the expenses of operation to the authority; provided, that in no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility, or portion of such airport or facility.
- (b) Other Operation. Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by § 42-3-114, an authority may by contract, lease, or other arrangements, upon a consideration fixed by it, grant to any qualified person for a term not to exceed fifty (50) years, the privilege of operating, as agent of the authority or otherwise, any airport owned or controlled by the authority; provided, that no person shall be granted any authority to operate an airport other than as a public airport or to enter into any contracts, leases or other arrangements in connection with the operation of the airport that the authority might not have undertaken under subsection (a).
History (2)
- Acts 1957, ch. 376, § 11
- T.C.A., § 42-612.
§ 42-3-113. Regulations — Scope — Conformity with state and federal law. - An authority is authorized to adopt, amend and repeal such reasonable resolutions, rules, regulations and orders as it deems necessary for the management, government and use of any airport or air navigation facility owned by it or under its control. No rule, regulation, order or standard prescribed by the department shall be inconsistent with, or contrary to, any act of congress or any regulation promulgated or standard established pursuant thereto or be inconsistent with, or contrary to, any act of the general assembly or any regulation promulgated or standard established pursuant to such act. The authority shall keep on file at the principal office of the authority for public inspection a copy of all its rules and regulations.
History (3)
- Acts 1957, ch. 376, § 12
- impl. am. Acts 1972, ch. 829, § 16
- T.C.A., § 42-613.
§ 42-3-114. Federal and state aid. - (a) Acceptance Authorized; Conditions. Except as otherwise provided by law, an authority is authorized to accept, receive, receipt for, disburse and expend federal and state moneys and other moneys, public or private, made available by grant or loan, or both, to accomplish, in whole or in part, any of the purposes of this chapter. All federal moneys accepted under this section shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the United States and as are consistent with state law; and state moneys accepted under this section shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the state.
- (b) Department of Transportation as Agent for Authorities in Receiving Certain Federal Funds; Exceptions.
- (1) The department shall act as agent for each authority for the purposes of applying for, receiving and disbursing federal funds made available pursuant to the former Airport and Airway Development Act of 1970, 84 Stat. 219, 49 U.S.C. 1970 ed., § 1701 et seq. [repealed], or any amendment thereto, unless an authority owns an airport having a minimum of twenty-five thousand (25,000) originating enplanements annually on regularly scheduled airline carriers as certified by the federal civil aeronautics board, in which event the authority may act as principal with respect to any airport owned by it, or may designate the department as its agent for the purposes mentioned in this subdivision (b)(1). All funds received by the department shall be deposited in the state treasury to be kept and disbursed in a manner consistent with federal requirements.
- (2) Whenever the department acts as agent, it may do so for an individual authority or authorities acting jointly and the applicable provisions of § 42-2-203(c) shall apply under either circumstance.
History (3)
- Acts 1957, ch. 376, § 13
- 1977, ch. 277, §§ 1, 2
- T.C.A., § 42-614.
§ 42-3-115. Public purposes. - The acquisition of any land, or interest in land, pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation and protection of airports, air navigation facilities and avigation easements, including the acquisition or elimination of airport hazards and the exercise of any other powers granted in this chapter to authorities and other public agencies, to be severally or jointly exercised, are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of any authority or other public agency in the manner and for the purposes enumerated in this chapter shall and are declared to be acquired and used for public and governmental purposes and as a matter of public necessity.
History (2)
- Acts 1957, ch. 376, § 15
- T.C.A., § 42-620.
§ 42-3-116. Status of airport authorities — Property and revenues exempt from taxation. - (a) It is declared that airport authorities created pursuant to this chapter are public and governmental bodies acting as agencies and instrumentalities of the creating and participating municipalities, and that the acquiring, operating, and financing of airports and related facilities by such airport authorities are for a public and governmental purpose and matters of public necessity.
- (b) The property and revenues of the authority or any interest in such property and revenues are exempt from all state, county, and municipal taxation.
History (3)
- Acts 1957, ch. 376, § 16
- T.C.A., § 42-621
- Acts 2020, ch. 680, § 1.
§ 42-3-117. Authority of municipal corporations. - For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of airports and air navigation facilities, and acquiring avigation easements pursuant to this chapter, any municipality for which an authority has been created may, upon such terms, with or without consideration as it may determine:
- (1) Lend or donate money to the authority;
- (2) Provide that all or a portion of the taxes or funds available or to become available to, or required by law to be used by, the municipality for airport purposes, be transferred or paid directly to the airport authority as the funds become available to the municipality;
- (3) Cause water, sewer or drainage facilities, or any other facilities that it is empowered to provide, to be furnished adjacent to or in connection with airports or air navigation facilities;
- (4) Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges in property to the authority;
- (5) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways and walks from established streets or roads to airports or air navigation facilities;
- (6) Do any and all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, constructing or operating of airports and air navigation facilities; and
- (7) Enter into agreements with the authority respecting action to be taken by the municipality pursuant to this section.
History (2)
- Acts 1957, ch. 376, § 17
- T.C.A., § 42-622.
§ 42-3-118. Supplementary authority. - (a) The powers conferred by this chapter are in addition to the powers conferred by any other law, and are not in substitution for such powers, and the limitations imposed by this chapter shall not affect powers conferred by any other law.
- (b) The powers granted by this chapter may be exercised without regard to requirements, restrictions, or procedural provisions contained in any other law or chapter, except as expressly provided in this chapter.
- (c) In addition to the general and special powers conferred by this chapter, every authority is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers.
History (3)
- Acts 1957, ch. 376, § 18
- T.C.A., § 42-623
- Acts 2011, ch. 139, § 3.
§ 42-3-119. Municipal zoning authority unaffected. - Nothing contained in this chapter shall be construed to limit any right, power or authority of a municipality to regulate airport hazards by zoning.
History (2)
- Acts 1957, ch. 376, § 19
- T.C.A., § 42-624.
§ 42-3-120. Written agreement between peer-to-peer car sharing program and airport. - (a) As used in this section, “peer-to-peer car sharing program” means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration.
- (b) If a peer-to-peer car sharing program conducts business at an airport or otherwise uses airport facilities, then the program shall enter into a written agreement with an airport, or the entity responsible for regulating commerce at the airport, within this state.
Part 2 Joint Operations § 42-3-201. Joint operations authorized. - (a) For the purposes of this part, unless otherwise qualified:
- (1) “Governing body” includes the commissioners of an authority, the governing body of a municipality and the head of an agency of a state or the United States if the public agency is other than an authority or municipality; and
- (2) “Public agency” includes municipality and authority, each as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision and agency of an adjoining state.
- (b)
- (1) All powers, privileges and authority granted by this chapter may be exercised and enjoyed by an authority jointly with any public agency of this state, and jointly with any public agency of any adjoining state or of the United States to the extent that the laws of the other state or of the United States permit such joint exercise of enjoyment.
- (2) Any agency of the state government, when acting jointly with any authority, may exercise and enjoy all the powers, privileges and authority conferred by this chapter upon an authority.
History (2)
- Acts 1957, ch. 376, § 14
- T.C.A., § 42-615.
§ 42-3-202. Agreement as to joint operation. - (a)
- (1) Any two (2) or more public agencies may enter into agreements with each other for joint action pursuant to this part.
- (2) Each agreement shall specify its duration, the proportionate interest that each public agency shall have in the property, facilities and privileges involved in the joint undertaking, the proportion of costs of operation, etc., to be borne by each public agency, and such other terms as are deemed necessary or required by law.
- (b) The agreement may also provide for amendments and termination; disposal of all or any of the property, facilities and privileges jointly owned, prior to, or at such time as the property, facilities and privileges, or any part of the property, facilities and privileges, cease to be used for the purposes provided in this chapter, or upon termination of the agreement; the distribution of the proceeds received upon any disposal, and of any funds or other property jointly owned and undisposed of; the assumption or payment of any indebtedness arising from the joint undertaking that remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient.
History (2)
- Acts 1957, ch. 376, § 14
- T.C.A., § 42-616.
§ 42-3-203. Joint board. - (a) Public agencies acting jointly pursuant to this part shall create a joint board, which shall consist of members appointed by the governing body of each participating public agency.
- (b) The number to be appointed, their terms and compensation, if any, shall be provided for in the joint agreement.
- (c) Each joint board shall organize, select officers for such terms as are fixed by the agreement, and adopt and amend from time to time rules for its own procedure.
- (d) The joint board shall have powers, as agent of the participating public agencies, to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police any airport or air navigation facility or avigation easement or airport hazard to be jointly acquired, controlled and operated, and the board may be authorized by the participating public agencies to exercise on behalf of its constituent public agencies all the powers of each with respect to the airport, air navigation facility, avigation easement or airport hazard, subject to the limitations of § 42-3-204.
History (2)
- Acts 1957, ch. 376, § 14
- T.C.A., § 42-617.
§ 42-3-204. Limitations on joint board. - (a) Exemptions. The total expenditures to be made by the joint board for any purpose in any calendar year shall be as determined by a budget approved by the constituent public agencies on or before the preceding fiscal year, or as otherwise specifically authorized by the constituent public agencies.
- (b) Acquisitions Beyond Sums Allotted. No airport, air navigation facility, avigation easement, airport hazard, or real or personal property, the cost of which is in excess of sums fixed therefor by the joint agreement or allotted in the annual budget, may be acquired, established or developed by the joint board without the approval of the governing bodies of its constituent public agencies.
- (c) Eminent Domain. Eminent domain proceedings under this part may be instituted by the joint board only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, such proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by the public agencies as tenants in common.
- (d) Disposal of Real Property. The joint board shall not dispose of any airport, air navigation facility, avigation easement or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies; provided, that the joint board may, without such consent, enter into contracts, leases or other arrangements contemplated by § 42-3-112.
- (e) Regulations and Orders. Any resolutions, rules, regulations or orders of the joint board dealing with subjects authorized by § 42-3-112 shall become effective only upon approval of the governing bodies of the constituent public agencies; provided, that upon approval, the resolutions, rules, regulations or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, rules, regulations or orders of each public agency would have in its own territory or jurisdiction.
History (2)
- Acts 1957, ch. 376, § 14
- T.C.A., § 42-618.
§ 42-3-205. Joint fund. - For the purpose of providing the joint board with moneys for the necessary expenditures in carrying out this part, a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Any federal, state or other grants, contributions or loans, and the revenues obtained from the joint ownership, control and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund. Disbursements from the fund shall be made by order of the board, subject to the limitations prescribed in § 42-3-204.
History (2)
- Acts 1957, ch. 376, § 14
- T.C.A., § 42-619.
Chapter 4 Metropolitan Airport Authorities § 42-4-101. Short title. - This chapter shall be known and may be cited as the “Metropolitan Airport Authority Act.”
History (2)
- Acts 1969, ch. 174, § 1
- T.C.A., § 42-701.
§ 42-4-102. Declaration of purpose and necessity — Exemption from taxation. - (a) It is declared that airport authorities created pursuant to this chapter shall be public and governmental bodies acting as agencies and instrumentalities of the creating and participating municipalities, and that the acquiring, operating and financing of airports and related facilities by such airport authorities are declared to be for a public and governmental purpose and matters of public necessity. The acquisition of any land, or interest in land, pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, and protection of airports, air navigation facilities, and avigation easements, including the acquisition or elimination of airport hazards and the exercise of any other powers granted in this chapter to authorities are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All land and other property and privileges acquired and used by or on behalf of an authority in the manner and for the purposes enumerated in this chapter shall and are declared to be acquired and used for public and governmental purposes and as a matter of public necessity.
- (b) The property and revenues of the authority or any interest therein shall be exempt from all state, county and municipal taxation.
History (3)
- Acts 1969, ch. 174, § 2
- T.C.A., § 42-702
- Acts 2023, ch. 488, § 3.
§ 42-4-103. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Airport” means and includes any one (1) or more airports or heliports and related facilities, including, but not limited to, land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots, and such other structures, facilities and improvements necessary or convenient to the development and maintenance of airports and heliports, and for the promotion and accommodation of air and space travel, commerce and navigation;
- (2) “Authority” means a metropolitan airport authority created pursuant to this chapter;
- (3) “Board” means the board of commissioners of an authority;
- (4) “Bonds” includes notes, interim certificates or other obligations of an authority;
- (5) “Carrier” means any person or corporation engaged in the air or space transportation of passengers or cargo;
- (6) “Creating municipality” means any city or metropolitan government having a population of not less than one hundred thousand (100,000), or any county in which any such city shall be situated, that shall create an authority pursuant to this chapter;
- (7) “Executive officer” means the mayor, county executive, or other chief executive officer of any creating or participating municipality;
- (8) “Governing body” means the chief legislative body of any creating or participating municipality;
- (9) “Participating municipality” means any city, town or county; which city, town or county, pursuant to a resolution of its governing body and an agreement with the creating municipality, has sold, leased, dedicated, donated or otherwise conveyed its airport to the authority for operation by the authority in order to make the airport an operational part of its airport system; and
- (10) “State” means the state of Tennessee.
History (2)
- Acts 1969, ch. 174, § 3
- T.C.A., § 42-703.
§ 42-4-104. Creation of a metropolitan airport authority. - (a) Any city or metropolitan government having a population of not less than one hundred thousand (100,000), or any county including any such city, may create a metropolitan airport authority in the manner provided in this section.
- (b)
- (1) The governing body of the creating municipality shall adopt, and its executive officer shall approve, a resolution calling a public hearing on the question of creating an authority.
- (2) Notice of the date, hour, place and purpose of the hearing shall be published at least once each week for two (2) consecutive weeks in a newspaper of general circulation in the creating municipality, the last such publication to be at least one (1) week prior to the date set for the hearing.
- (3) The hearing shall be had before the governing body and all interested persons shall have an opportunity to be heard.
- (c)
- (1) After the hearing, if the governing body determines that the public convenience and necessity require the creation of an authority, it shall adopt, and its executive officer shall approve, a resolution so declaring and creating an authority, which resolution shall also designate the name and principal office address of the authority.
- (2) A certified copy of the resolution shall be filed with the secretary of state and with the department of transportation, together with the resolution approving the appointment of the board as provided in § 42-4-105, and, upon adoption and filing, the authority shall constitute a body politic and corporate, with all the powers provided in this chapter.
- (3) A certified copy of the resolution shall also be filed with the administrator of the federal aviation administration.
- (d)
- (1) Whenever an authority is created under this chapter, the creating municipality and any participating municipality shall enter into an agreement with the authority for the orderly transfer to the authority of the airport properties, functions, and outstanding obligations of the municipalities.
- (2) The agreement may include provisions for the reimbursement to any such municipality for its obligations issued for airport purposes, and the agreement may also include provisions for the payment of tax equivalents by the authority and its lessees on all or any part of the properties owned by the authority and any improvements owned by the authority or its lessees to the principal and/or participating municipalities.
History (3)
- Acts 1969, ch. 174, § 4
- impl. am. Acts 1972, ch. 829, § 16
- T.C.A., § 42-704.
§ 42-4-105. Governing body. - (a)
- (1)
- (A) The governing body of the authority shall be a board of commissioners of seven (7) persons appointed by the executive officer of the creating municipality and approved by its governing body, at least five (5) of whom shall be residents of the creating municipality, who shall have no financial interest in an airport or its concessions.
- (B) [Deleted by 2023 amendment.]
- (C) The governing body of the authority of an airport that has regularly scheduled commercial passenger service, located in a county other than the county where the creating municipality is located, shall be a board of commissioners of nine (9) persons who shall have no financial interest in an airport or its concessions, to be appointed by the executive officer of the creating municipality and approved by its governing body, at least six (6) of whom shall be residents of the creating municipality, and three (3) of whom shall be residents outside of the creating municipality; provided, that at least one (1) is a resident of the county in which the airport is located.
- (D) The governing body of the authority located in a county that borders only one (1) other state, and which county contains at least ten (10) cities, shall be a board of commissioners of nine (9) persons of good standing and reputation appointed by the executive officer of the creating municipality, and approved by its governing body, who shall have no financial interest in an airport or its concessions, at least five (5) of whom shall be residents of that county. Notwithstanding any other provision of this chapter, no other restrictions shall apply to the membership of the board of commissioners or their qualifications. Members of the board shall be appointed for terms of three (3) years and until their successors are appointed and qualified.
- (E) In the process of selecting, nominating, and choosing the members to serve on the board of the authority, the mayor shall review all candidates when making appointments to assure that full consideration has been given to each appointment and has considered age, gender and race, and further that appropriate balance should be given to each consideration. The purpose of the review is to assure inclusion in the operation of the authority.
- (F) Further, members of the legislative delegation shall be given quarterly reports or briefings of the activities and plans and conditions of the authority, and any proposals for capital expansion or improvements shall be given to the legislative delegation prior to the expansion or improvements.
- (2)
- (A) Except as provided in subdivisions (a)(1)(D), (a)(2)(B) and (a)(2)(C), the boards of commissioners shall include a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance.
- (B) However, in any county with a population in excess of eight hundred twenty-five thousand (825,000), according to the 1990 federal census or any subsequent federal census, the boards of commissioners may include, but are not limited to, a person of good standing and reputation in each of the following fields: engineering, law, industry or commerce, and finance.
- (C) Four (4) seats on the governing body of the authority of an airport that has regularly scheduled commercial passenger service, located in a county other than the county where the creating municipality is located, shall be filled by persons of good standing and reputation in one (1) of the following five (5) fields: engineering, law, industry, commerce and finance.
- (b) Not less than two (2) of the commissioners shall hold airman's certificates issued by the federal aviation administration. The required certificates shall be private pilot's rating or a higher pilot rating; student certificates shall not satisfy the requirements. The engineer shall be an engineer licensed to practice in the state and shall have actively practiced such profession for the preceding five (5) years. The lawyer shall be licensed to practice before the highest court in the state and shall have been so licensed for a period of not less than five (5) years. The commissioners appointed from the fields of industry, commerce and finance shall be eminently qualified in their particular fields of endeavor. All commissioners shall be of excellent character and reputation.
- (c)
- (1) Except as provided in subdivision (c)(2), if there is one (1) participating municipality, one (1) member of the board shall be appointed by the executive officer of the creating municipality and approved by its governing body from the person or persons nominated by the executive officer of the participating municipality. If there are two (2) or more participating municipalities, up to two (2) members of the board, but not exceeding two (2), may be appointed by the executive officer of the creating municipality and approved by its governing body from the persons nominated by each of the executive officers of the participating municipalities. No commissioner shall be an officer or employee of the creating municipality or a participating municipality.
- (2) If the airport authority is located in a county with a population in excess of eight hundred twenty-five thousand (825,000), according to the 1990 federal census or any subsequent federal census, then two (2) members of the seven-member board shall be among the nominees of the executive officer of the participating county, and approved by the executive officer and governing body of the creating municipality.
- (d)
- (1) Notwithstanding this section to the contrary:
- (A) The board of commissioners of the authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, is vacated and reconstituted to consist of eight (8) commissioners as follows:
- (i) Two (2) persons to be appointed by the speaker of the house of representatives;
- (ii) Two (2) persons to be appointed by the speaker of the senate;
- (iii) Two (2) persons to be appointed by the governor; and
- (iv) Two (2) persons appointed by the mayor of the county having the metropolitan form of government;
- (B) In making appointments to the board:
- (i) At least one (1) person appointed by each appointing authority must be a resident of the county having the metropolitan form of government;
- (ii) One (1) person appointed by each appointing authority must be a resident of the county, or a county contiguous to the county, having the metropolitan form of government; and
- (iii) Persons appointed to the board must have no financial interest in an airport or its concessions at the time of the commissioner's appointment and during the commissioner's tenure on the board;
- (C) In order to stagger the terms of the newly appointed board, initial appointments are made as follows:
- (i) Commissioners appointed under subdivision (d)(1)(A)(iii) serve initial terms that expire on June 30, 2025;
- (ii) Commissioners appointed under subdivision (d)(1)(A)(i) serve initial terms that expire on June 30, 2026;
- (iii) Commissioners appointed under subdivision (d)(1)(A)(ii) serve initial terms that expire on June 30, 2027; and
- (iv) Commissioners appointed under subdivision (d)(1)(A)(iv) serve initial terms that expire on June 30, 2028;
- (D) Following the expiration of a commissioner's initial term, as prescribed in subdivision (d)(1)(C), all terms are four (4) years, to begin on July 1 and terminate on June 30, four (4) years thereafter;
- (E) In making the appointments to the board, the appointing authorities shall strive to ensure that:
- (i) The membership is representative of the geographic and demographic composition of the county or state;
- (ii) At least one (1) commissioner is a female; and
- (iii) Another commissioner is of a racial minority;
- (F) In addition to subdivision (d)(1)(E), in making the appointments to the board, the appointing authorities shall ensure only that each commissioner is generally a person of excellent character and reputation and a person in good standing and reputation in one (1) of the following fields:
- (i) Engineering, with a license to practice in the state and an active practice in such profession for the preceding five (5) years;
- (ii) Law, with a license to practice before the highest court in this state for a period of not less than five (5) years;
- (iii) Industry or commerce; and
- (iv) Finance;
- (G) A commissioner:
- (i) Serves in such capacity until the expiration of the term to which the commissioner was appointed and until the commissioner's successor is duly appointed and qualified; and
- (ii) May be removed by the commissioner's appointing authority with or without cause. A vacancy created by the removal of a commissioner is filled by the appointing authority in the same manner as the original appointment;
- (H) In addition to the reporting requirements under § 42-4-106(d) and (e), the authority shall submit quarterly reports or briefings of the activities, plans, and conditions of the authority, and any proposals for capital expansion or improvements to members of the legislative body of the creating municipality, the governor, the speaker of the house of representatives, and the speaker of the senate prior to the expansion or improvements;
- (I) The authority shall maintain its books and prepare its financial statements in a timely manner satisfactory to the state and pay the state for all costs the state incurs in reviewing and auditing the authority's finances; and
- (J) The authority is subject to all other provisions of this chapter to the extent otherwise applicable, except as provided by this section.
- (2) Any vacancy by reason of nonresidence, incapacity, resignation or death shall be filled in like manner for the unexpired term.
- (3) A commissioner's term shall continue until the appointment and qualification of a successor.
- (4) A commissioner may be removed from office by a two-thirds (⅔) vote of the governing body of the creating municipality, but only after notice of the cause of such removal has been served upon the commissioner, and only after the commissioner has been granted an opportunity for a public hearing on the cause.
- (e) The board shall elect from among its members a chair, vice chair, and secretary, each of whom shall continue to be voting members, and shall adopt its own bylaws and rules of procedure. A majority of the commissioners shall constitute a quorum for the transaction of business. Except as expressly otherwise specified in this chapter, all powers granted to an authority by this chapter shall be exercised by the board.
- (f) Commissioners shall receive no salary but shall be reimbursed for necessary expenses incurred in the performance of their official duties.
History (12)
- Acts 1969, ch. 174, § 5
- T.C.A., § 42-705
- Acts 1984, ch. 853, § 1
- 1986, ch. 745, §§ 1-4
- 1988, ch. 887, §§ 1, 2
- 1988, ch. 909, § 1
- 1990, ch. 1080, §§ 1, 2
- 1995, ch. 328, §§ 1, 2
- 1998, ch. 640, §§ 1, 2
- 1999, ch. 155, §§ 1, 2
- 2002, ch. 562, § 1
- 2023, ch. 488, §§ 1, 2.
§ 42-4-106. Officers. - (a) The board shall appoint a president, who shall be the chief executive and administrative officer of the authority, and shall enter into a contract with the president establishing salary and term of office.
- (b) The president shall appoint, and the board shall confirm, the following additional officers: secretary, auditor, legal counsel, treasurer, and chief engineer. Notwithstanding this section to the contrary, for a board of commissioners of the authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, the president shall appoint, and the board shall confirm, an independent financial auditing firm and the following additional officers: secretary, chief financial officer, general counsel, and chief operating officer.
- (c) All other officers and employees of the authority shall be appointed by the president, subject to any civil service plan adopted by the board.
- (d)
- (1) The president shall prepare annually the operating budget of the authority and submit the budget to the board for approval at least sixty (60) days prior to the beginning of the fiscal year.
- (2) If the budget has not been acted upon by the board on the first day of the fiscal year, it shall then automatically go into effect.
- (3) The president shall submit the approved annual operating budget to the governor, the speaker of the house of representatives, and the speaker of the senate for review.
- (e) The president shall also submit such periodic reports to the board as it may direct.
- (f) The president shall attend all meetings of the board.
History (3)
- Acts 1969, ch. 174, § 6
- T.C.A., § 42-706
- Acts 2023, ch. 488, §§ 4, 5.
§ 42-4-107. General powers. - An authority has all powers necessary to accomplish the purposes of this chapter (excluding the power to levy and collect taxes and special assessments) including, but not limited to, the power to:
- (1) Have perpetual succession, sue and be sued, and adopt a corporate seal;
- (2) Plan, establish, acquire, construct, improve and operate one (1) or more airports within or without the creating municipality and within this state and within any adjoining state;
- (3) Acquire real or personal property or an interest in real or personal property by gift, lease, or purchase, or for an authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, by eminent domain proceedings, for any of the purposes provided by this chapter, including the elimination, prevention, or marking of airport hazards; sell, lease, or otherwise dispose of any such property; and acquire real property or any interest in real property in areas most affected by aircraft noise for the purpose of resale or lease, subject to restrictions limiting its use to industrial or other purposes least affected by aircraft noise;
- (4) Enter into agreements with the creating municipality and with participating municipalities, acquire by lease, gift, purchase, or otherwise, any airport of a creating or participating municipality and operate the airport as a part of its metropolitan airport;
- (5) Enter into agreements with the creating municipality and participating municipalities with respect to the manner of transfer of airport employees of the municipalities to the authority, and with respect to the retention by such employees of existing civil service status and accrued pension, disability, hospitalization and death benefits;
- (6) Enter into, by contract with the creating municipality or otherwise, a plan of civil service for employees of the authority;
- (7) Enter into, by contract with the creating municipality or otherwise, a plan for pension, disability, hospitalization and death benefits for the officers and employees of the authority;
- (8) Make application directly to the proper federal, state, county and municipal officials and agencies, or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of airports operated by it, and to accept the loans, grants, guarantees or other financial assistance;
- (9) Make studies and recommend to the appropriate legislative body of the creating and participating municipalities or other municipality or county in which an airport is situated, zoning changes in the area of any airport operated by the authority with respect to noise, height and aviation obstructions;
- (10) Have control of its airport with the right and duty to establish and charge fees, rentals, rates and other charges, and collect revenues therefrom, not inconsistent with the rights of the holders of its bonds, and to enter into agreements with carriers for the payment of landing fees, rental rates and other charges;
- (11) Appoint a president, and confirm or reject the president's appointments of a secretary, a treasurer, an auditor, legal counsel and a chief engineer; prescribe their duties and qualifications; and fix their compensation;
- (12) Use in the performance of its functions the officers, agents, employees, services, facilities, records and equipment of the creating municipality or any participating municipality, with the consent of any such municipality, and subject to such terms and conditions as may be agreed upon;
- (13) Enter upon such lands, waters or premises as in the judgment of the authority may be necessary for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this chapter, the authority to be liable for actual damage done;
- (14) Provide its own fire protection, police and crash and rescue service;
- (15) Contract with carriers with regard to the landing, accommodation and servicing of aircraft; the loading and unloading of cargo, passengers and baggage; and the accommodation of the employees and passengers of the carriers;
- (16) Contract with persons or corporations to provide goods and services for the use of the employees and passengers of the carriers and the employees of the authority, and necessary and incidental to the operation of the airport;
- (17) Designate an independent certified public accounting firm to do an annual post audit of all books, accounts and records of the authority and issue a public report on the books, accounts and records;
- (18) Lend the proceeds of bonds issued pursuant to this chapter and enter into loan agreements or other agreements with persons or corporations with respect to the loans and the construction, reconstruction, improvement, or acquisition of one (1) or more projects at its airports, upon such terms and conditions as the authority may deem advisable; provided, that this subdivision (18) only applies in any county having a population of not less than seven hundred seventy thousand (770,000) nor more than seven hundred eighty thousand (780,000), according to the 1980 federal census or any subsequent federal census;
- (19)
- (A) Incorporate, operate in all respects, and exercise all the powers granted to industrial development corporations under title 7, chapter 53; provided, that the creating municipality, and participating municipality if the airport is located in or owned by a participating municipality, grants such power to the airport authority by resolution. Any projects developed under this subdivision (19)(A) shall be developed as the property of the authority and the authority shall make in lieu of tax payments on any such developments to the county and/or municipality in which it is domiciled. An authority, before issuing any industrial development bonds pursuant to this chapter, shall consider whether any proposed industrial operation is compatible with aviation purposes.
- (B) Subdivision (19)(A) does not apply:
- (i) To counties having a metropolitan form of government;
- (ii) In any county having a population of not less than seven hundred seventy thousand (770,000) nor more than seven hundred eighty thousand (780,000), according to the 1980 federal census or any subsequent federal census;
- (iii) To any county having a population of not less than one hundred thousand (100,000) nor more than two hundred thousand (200,000), according to the 1980 federal census or any subsequent federal census; or
- (iv) To counties with a population between two hundred eighty thousand (280,000) to two hundred ninety thousand (290,000);
- (20) Notwithstanding a general law or charter provision to the contrary, an authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, may regulate aircraft hazards, compatible land use, or other factors impacting the safe and efficient operation of the airport by submitting a map to the county or to an applicable contiguous county that requires the review and approval, conditional approval, or denial of building permits within the designated boundaries; and
- (21) Notwithstanding a general law or charter provision to the contrary, an authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, may construct, authorize, widen, narrow, relocate, vacate, change in the use, accept, acquire, sell, or lease any street or other public way, ground, place or space, or public utility, whether publicly or privately owned, pursuant to an agreed upon license agreement or prescriptive or express easement, or any portion thereof; provided, that the authority owns all of the real property abutting the street or other public way, ground, place or space, or public utility, or owns all of the real property abutting the portions thereof that are to be constructed, authorized, widened, narrowed, relocated, vacated, changed in use, accepted, acquired, sold, or leased.
History (6)
- Acts 1969, ch. 174, § 7
- T.C.A., § 42-707
- Acts 1982, ch. 836, § 1
- 1983, ch. 428, §§ 1, 3-5
- 1984, ch. 853, § 2
- 2023, ch. 488, §§ 6, 7.
§ 42-4-108. Eminent domain. - (a) Any participating or creating municipality may acquire any interest in land within the boundaries of the creating or participating municipality by gift, purchase, lease or condemnation, and may transfer such interest to an authority by sale, lease or gift. The transfer may be authorized by ordinance of the governing body of the municipality without submission of the question to the voters and without regard to the requirements, restrictions, limitations, or other provisions contained in any other general, special, or local law.
- (b) Notwithstanding subsection (a) to the contrary, an authority in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, shall proceed in accordance with title 29, chapter 16, in the acquisition of property by eminent domain proceedings authorized by this chapter. For the purpose of making surveys and examinations relative to eminent domain proceedings, it is lawful for the authority to enter upon the land, doing no unnecessary damage. Notwithstanding another law to the contrary, an authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings. The authority shall not be precluded from abandoning the proceedings in a case where possession of the property has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.
History (3)
- Acts 1969, ch. 174, § 8
- T.C.A., § 42-708
- Acts 2023, ch. 488, § 8.
§ 42-4-109. Bonds. - (a)
- (1) An authority has the power to borrow money for any of its corporate purposes and issue its revenue bonds therefor, including revenue refunding bonds, in such form and upon such terms as it may determine, payable out of any revenues of the authority, including grants or contributions from the federal government or other sources, which bonds may be sold at public or private sale. Revenue bonds may be issued for the above purposes and the authority may pledge as security for the bonds all or any portion of the landing fees, concession fees, rents, charges, or any other revenues derived from the operation of the airport. Further, the payment or purchase of revenue bonds, if issued for an essential public purpose, may be additionally secured, in whole or in part, in the manner provided in this section, by a pledge of the full faith and credit and unlimited taxing power of the creating municipality or any participating municipality. The revenue bonds and/or revenue refunding bonds shall be issued in the manner provided for a local government in title 9, chapter 21; provided, that any fees, rents, or charges so pledged that are fixed and established pursuant to the provisions of a lease or contract shall not be subject to revision or change except in the manner provided in the lease or contract. Any bonds of any authority issued pursuant to this chapter that are payable, as to principal and interest, solely from revenues of an airport or air navigation facility (and they shall so state on their face) shall not constitute a debt of any municipality, the state, or any political subdivision thereof, other than the authority or any municipality guaranteeing the payment or purchase of the bonds in the manner provided in this section, and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the commissioners of any authority nor any person executing such bonds shall be liable personally on the bonds by reason of the issuance of the bonds.
- (2) An authority, creating municipality or any participating municipality may enter into interest rate exchange agreements with respect to any issue of revenue bonds or revenue refunding bonds with any person under such terms and conditions as the authority, creating municipality or any participating municipality may determine, including, without limitation, provisions permitting the authority, creating municipality or participating municipality to indemnify or otherwise pay any person for any loss of benefits under the agreement upon early termination thereof or default under the agreement.
- (b) In case any of the commissioners or officers of an authority whose signatures appear on any bonds or coupons shall cease to be commissioners or officers after authorization but before the delivery of the bonds, the signatures shall nevertheless be valid and sufficient for all purposes, the same as if the commissioners or officers had remained in office until delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully negotiable.
- (c) Any bond reciting in substance that it has been issued by an authority pursuant to this chapter and for a purpose or purposes authorized to be accomplished by this chapter shall be conclusively deemed, in any suit, action or proceeding involving the validity or enforceability of the bond or the security therefor, to have been issued pursuant to this chapter and for such purpose or purposes.
- (d) Bonds issued by an authority pursuant to this chapter are declared to be issued for an essential public and governmental purpose, and together with interest on the bonds and income from the bonds, shall be exempt from all state, county and municipal taxation except for inheritance, transfer and estate taxes, and except as otherwise provided in this code.
- (e)
- (1) The governing body of a creating municipality, or any participating municipality, may by resolution pledge the full faith and credit and unlimited taxing power of the municipality as guarantor to the payment of the principal of, premium, if any, and interest on, bonds of an authority, the purchase price of any such bonds subject to optional or mandatory tender for purchase, or the reimbursement or repayment to any bank or financial institution under any agreement providing for any draw, borrowing, advance or payment to be made for the payment of the principal, premium, interest or purchase price or the payment of amounts payable under any interest rate exchange agreement.
- (2) Prior to any meeting where any such guarantee will be considered by the governing body of a creating or participating municipality, a notice shall be published at least five (5) days in advance of such meeting in a newspaper of general circulation within the creating or participating municipality, describing the matter to be considered and containing an estimate of the dollar amount of any contingent liability proposed to be undertaken by the creating or participating municipality.
- (3) In the event of any such pledge of full faith and credit and unlimited taxing power of the municipality, any holder or holders of the bonds, including a trustee or trustees for holders of the bonds, any financial institution providing any agreement on the payment of principal, premium, interest, purchase price on the bonds or any party to any interest rate exchange agreement with respect to the bonds, shall have the right, in addition to all other rights, by mandamus or other suit, action or proceeding in any court of competent jurisdiction to enforce the holder's rights against the municipality so pledging, and the governing body of the municipality and any officer, agent, or employee of the municipality, including, but not limited to, the right to require the municipality and governing body and any proper officer, agent, or employee of the municipality, to assess, levy, and collect taxes and other revenues and charges adequate to carry out any agreement as to, or pledge of, the taxes, revenues, and charges. The taxes herein authorized to be pledged shall be levied without limit as to rate or amount upon all taxable property within the municipality, and all such taxes to be levied are declared to have been levied for county and corporation purposes, respectively, within the meaning of the Constitution of Tennessee, article II, § 29.
History (5)
- Acts 1969, ch. 174, § 9
- 1975, ch. 298, § 1
- T.C.A., § 42-709
- Acts 1988, ch. 750, § 49
- 1989, ch. 514, §§ 1, 2.
§ 42-4-110. Civil service. - (a) The authority, by action of its board, may elect to come under the civil service plan of the creating municipality, to be administered by the civil service commission or board of the municipality; or may adopt its own civil service plan to be administered by the board, which plan shall include, but need not be limited to, the following provisions:
- (1) Entry into the service on the basis of open competition; and service, promotions and remuneration on the basis of merit, efficiency and fitness;
- (2) Classifications of the positions in the service;
- (3) The rating of candidates on the basis of publicly announced job requirements and the maintenance of lists of eligible candidates;
- (4) Employment of candidates from the eligible lists in the highest qualified rating;
- (5) Probationary periods not to exceed six (6) months unless extended for disciplinary reasons;
- (6) Suspensions, demotions or discharge of employees for cause only with the right of notice and review;
- (7) Schedules of compensation and pay increases prepared by the president, or the president's designee, and approved by the board;
- (8) Promotion on the basis of ascertained merit, seniority in service, and satisfaction of job requirements;
- (9) Provision for keeping service records on all employees;
- (10) Regulations for hours of work, attendance, holidays, leaves of absence and transfers; and procedures for layoffs, discharge, suspension, discipline and reinstatement; and
- (11) Review by the board, or its designee pursuant to subsection (c), at the request of the employee in question and after notice and public hearing of disciplinary actions, including demotion, suspension in excess of five (5) days or discharge of any employee, which disciplinary actions, suspension or discharge may be affirmed or reversed. Findings of fact by the board shall not be subject to review by any court except for illegality or want of jurisdiction.
- (b) A civil service plan adopted and administered by the board may include a provision exempting from the plan those persons employed to render professional, scientific, technical or expert service of a temporary or unusual character; persons primarily employed on projects funded from the proceeds of bonds issued by the authority or from grants or loans to be repaid from the proceeds of bonds issued by the authority or from grants received by the authority; and persons employed for a period of less than six (6) months in any twelve-month period or working thirty (30) hours or less per week.
- (c) A civil service plan adopted and administered by the board may include a provision empowering the board to contract with the secretary of state for the use of administrative law judges duly appointed pursuant to § 4-5-102(1), or to delegate to any other designated persons, on a case-by-case basis, the authority to hear appeals and decide whether any disciplinary action taken should be affirmed or reversed.
History (4)
- Acts 1969, ch. 174, § 10
- T.C.A., § 42-710
- Acts 1984, ch. 853, § 3
- 1998, ch. 744, § 1.
§ 42-4-111. Certain powers of municipal corporations. - Any creating municipality and any participating municipality has all necessary powers in order to further the purposes of this chapter, any or all of which powers may be exercised by resolution of its governing body. Such powers include, without limitation, the power to:
- (1) Advance, donate or lend money or real or personal property to the authority;
- (2) Provide that any funds on hand or to become available to it for airport purposes shall be paid directly to the authority;
- (3) Cause water, sewer, gas, electric or other utility services to be provided to the authority's airport;
- (4) Sell, lease, dedicate, donate or otherwise convey to the authority any of its interest in any existing airport or other related property, or grant easements, licenses or other rights or privileges therein to the authority;
- (5) Open and improve streets, roads and alleys to the airport;
- (6) Provide police and fire protection services to the airport; and
- (7) Enter into agreements with the authority with regard to the transfer of its airport employees to the authority with the retention by such employees of any civil service status and accrued rights in pension, disability, hospitalization and death benefits.
History (2)
- Acts 1969, ch. 174, § 11
- T.C.A., § 42-711.
§ 42-4-112. Municipal zoning authority unaffected. - This chapter does not limit any power of a municipality to regulate airport hazards by zoning. Notwithstanding this section to the contrary, in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census, airport hazards must be regulated pursuant to § 42-4-107(20).
History (3)
- Acts 1969, ch. 174, § 12
- T.C.A., § 42-712
- Acts 2023, ch. 488, § 9.
§ 42-4-113. Dissolution — Disposition of property. - (a) Whenever the governing bodies of the creating municipality and the participating municipalities shall each by resolution determine that the purposes for which the authority was created have been substantially accomplished, that all of the bonds and other obligations of the authority have been fully paid, and that the municipalities have agreed on the distribution of the funds and other properties of the authority, then the executive officers of the municipalities shall execute and file for record with the secretary of state a joint certificate of dissolution reciting those facts and declaring the authority to be dissolved.
- (b) Upon filing the certificate, the authority shall be dissolved, and title to all funds and other properties of the authority at the time of the dissolution shall vest in and be delivered to such municipalities in accordance with the terms of their agreement relating thereto.
History (2)
- Acts 1969, ch. 174, § 13
- T.C.A., § 42-713.
§ 42-4-114. Supplemental nature of chapter. - (a) The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law, and are not in substitution for such powers, and the limitations imposed by this chapter shall not affect powers conferred by any other law.
- (b) The powers granted by this chapter may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter, except as expressly provided in this chapter.
- (c) Any metropolitan government or any home rule municipality authorized under this chapter to create a metropolitan airport authority may do so without the necessity of a charter amendment, notwithstanding anything in its charter to the contrary.
History (2)
- Acts 1969, ch. 174, § 14
- T.C.A., § 42-714.
§ 42-4-115. Construction — Chapter controlling. - The provisions of this chapter shall be liberally construed to effect the purposes of this chapter, and insofar as this chapter may be inconsistent with the provisions of any other law, this chapter shall be controlling.
History (2)
- Acts 1969, ch. 174, § 16
- T.C.A., § 42-715.
§ 42-4-116. Taxation. - (a) Whenever any airport in regard to which an authority has been created exists outside the territorial limits of the creating municipality, any vocation, occupation, business or business activity located upon the premises, grounds, and/or property of the airport shall be subject to be taxed by both any municipality or county in which the airport is actually located and by the creating municipality to the extent and in the manner provided by law.
- (b)
- (1) This section does not apply to counties having a population of between two hundred eighty-five thousand (285,000) and two hundred ninety thousand (290,000), according to the 1980 federal census.
- (2) This section does not apply to any county having a population of:
-
-
- 100,000200,000
- 450,000550,000
- 600,001
-
- according to the 1980 federal census or any subsequent federal census.
- (3) This section does not apply to any county having a metropolitan form of government.
- (4) This section does not apply to any municipality or county creating, controlling, or operating, in part, an airport or air navigation facility created, controlled, or operated, in part, by at least four (4) political subdivisions of this state and a political subdivision of an adjacent state, which airport is located outside the territorial limits of the municipality or county.
History (1)
- Acts 1983, ch. 466, §§ 2, 4-7.
§ 42-4-117. Noise compatibility program — Noise abatement study. - (a) Each metropolitan airport authority that has a major airline, air carrier, or air parcel hub operation that undertakes a noise compatibility program under part 150 of the federal air regulations, or any other study relating to noise abatement, shall be required to file a copy of the program or study with the departments of environment and conservation and transportation. All revisions or updates to the program or study also shall be filed with such departments as soon as practicable after their completion.
- (b) It is the expressed intent of the general assembly that this section be informational to ensure that such departments have access to full and complete data so that these departments are better able to assist and serve the citizens of Tennessee.
History (2)
- Acts 1987, ch. 426, § 1
- 1992, ch. 693, § 1.
Chapter 5 County and Municipal Airports Part 1 General Provisions § 42-5-101. Short title. - This chapter shall be known and may be cited as the “Municipal Airport Act.”
History (2)
- Acts 1957, ch. 375, § 24
- T.C.A., § 42-301.
§ 42-5-102. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Air navigation facility” means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and combination of any or all of such facilities;
- (2) “Airport” means any area of land or water that is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements, or rights-of-way, together with all airport buildings and facilities located thereon;
- (3) “Airport hazard” means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft;
- (4) “Avigation easement” means any easement that includes all or any part of the following: the right to unobstructed and unrestricted flight of aircraft, in, through, and across the airspace over and above certain described land, beginning at the altitude or height above the surface of the land as determined by the municipality; the right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures, or facilities, and the growth of any trees or objects upon the real estate over, above and across the certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and the right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons thereon;
- (5) “Commissioner” means the commissioner of transportation;
- (6) “Department” means the department of transportation;
- (7) “Municipal” means pertaining to a municipality as defined in this section;
- (8) “Municipality” means any county, incorporated city, or incorporated town of this state; and
- (9) “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee or other similar representative thereof.
History (4)
- Acts 1957, ch. 375, § 1
- 1977, ch. 471, § 2
- T.C.A., § 42-302
- Acts 1981, ch. 264, § 17.
§ 42-5-103. Establishment of airports and air navigation facilities — Operation — Land acquisition. - (a) Every municipality is authorized, out of any appropriations or other moneys made available for such purposes, to plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the territorial limits of such municipality and within or without the territorial boundaries of this state, including the construction, installation, equipment, maintenance and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers, and the purchase and sale of supplies, goods and commodities as an incident to the operation of its airport properties. For such purposes, the municipality may use any available property that it may now or hereafter own or control and may, by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire property, real or personal, or any interest therein, including avigation easements and easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airport or to permit the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards or to prevent the establishment of airport hazards.
- (b)
- (1) If the land for a proposed or planned airport is located outside the corporate limits of a municipality, then the municipality shall also gain approval from the county commission of the county where the land is located before proceeding with the acquisition of such land by eminent domain.
- (2)
- (A) Subdivision (b)(1) shall not apply to any airport that has scheduled air passenger service and a control tower in existence or under construction upon April 27, 1995.
- (B) Subdivision (b)(1) shall not be applicable to renovations, expansions or future renovations or expansions of airports in existence on January 1, 1995; provided, that the property to be used for the renovations or expansions is currently owned by the airport or is contiguous or adjacent to property currently owned by the airport.
- (C) Subdivision (b)(1) shall apply to any airport not actually under construction on or before January 1, 1995.
History (3)
- Acts 1957, ch. 375, § 2
- T.C.A., § 42-303
- Acts 1995, ch. 148, §§ 1-4.
§ 42-5-104. Acquisition of existing airports. - The municipality may by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire existing airports and air navigation facilities; provided, that it shall not acquire or take over any airport or air navigation facility owned or controlled by another municipality or public agency of this or any other state without the consent of the municipality or public agency.
History (2)
- Acts 1957, ch. 375, § 2
- T.C.A., § 42-304.
§ 42-5-105. Establishment of airports on public waters and reclaimed lands. - For the purposes of this chapter, a municipality may establish or acquire and maintain, within or bordering upon the territorial limits of the municipality, airports in, over and upon any public waters of this state, any submerged lands under such public waters, and any artificial or reclaimed lands that before the artificial making or reclamation thereof constituted a portion of the submerged lands under public waters; and may construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any such airport, and landing floats and breakwaters for the protection of any such airport.
History (2)
- Acts 1957, ch. 375, § 2
- T.C.A., § 42-305.
§ 42-5-107. Public purpose of airports. - Any airport so acquired, owned, leased, controlled or occupied by municipalities shall be and is declared to be acquired, owned, leased, controlled or occupied for a public purpose.
History (2)
- Acts 1957, ch. 375, § 2
- T.C.A., § 42-307.
§ 42-5-108. Eminent domain. - (a) In the acquisition of property by eminent domain proceedings authorized by this chapter, the municipality shall proceed in the manner provided by title 29, chapter 16. For the purpose of making surveys and examinations relative to any eminent domain proceedings, it is lawful to enter upon any land, doing no unnecessary damage.
- (b) Notwithstanding any other statute or of any applicable municipal charter, the municipality may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of the proceedings.
- (c) The municipality shall not be precluded from abandoning eminent domain proceedings in any case where possession of the property has not been taken, even after a trial jury in circuit court has rendered a verdict as to damages for the property taken by the proceedings and at any time prior to the entry of a final decree disposing of the entire eminent domain proceedings.
History (2)
- Acts 1957, ch. 375, § 3
- T.C.A., § 42-308.
§ 42-5-109. Disposal of airport property. - Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to § 42-5-119, every municipality may, by sale, lease or otherwise, dispose of any airport, air navigation facility or other property, or portion thereof or interest therein, acquired pursuant to this chapter, subject, however, to any contractual obligations with respect thereto. Disposal by sale, lease or otherwise shall be in accordance with the laws of this state, or provisions of the charter of the municipality, governing the disposition of other property of the municipality, except that in the case of disposal to another municipality or agency of the state or federal government for aeronautical purposes incident thereto, the sale, lease or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may deem in the best interest of the municipality.
History (3)
- Acts 1957, ch. 375, § 4
- 1961, ch. 322, § 1
- T.C.A., § 42-309.
§ 42-5-110. Operation and use privileges. - (a) Municipal Operation.
- (1) In operating an airport or air navigation facility owned, leased or controlled by a municipality, the municipality may, except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to § 42-5-119, enter into contracts, leases, agreements, grants or other arrangements for a term not exceeding fifty (50) years, with any person or persons, either exclusively or in common with others; provided, that the public is not deprived of its rightful use of the airport or facility:
- (A) Granting the privilege of using or improving the airport or air navigation facility, including buildings or structures or any portion or facility thereof, relating thereto, or real property acquired or set aside for such purposes, or space therein for commercial purposes, establishing the charges, rentals or fees at a fixed or variable rate binding upon the parties thereto for the full term of the contracts, leases, agreements, grants or other arrangements;
- (B) Conferring the privilege of supplying goods, commodities, things, services or facilities at the airport or air navigation facility;
- (C) Making available services to be furnished by the municipality or its agents at the airport or air navigation facility; and
- (D) Determining the charges, rentals or fees for the use of any properties under its control, and the charges for any services or accommodations, and the terms and conditions under which the properties may be used, except that any such charges, rentals and fees as may be fixed or determined by any contract, lease, agreement, grant or other arrangement or privileges, uses, services, accommodations or concessions to which the municipality is a party or is the grantor, shall, if expressly provided therein, be binding upon all parties thereto for the full term prescribed therein unless the term is sooner modified or terminated by mutual consent of the parties to such agreement.
- (2) In each case, the municipality may establish the terms and conditions and fix the charges, rentals or fees for the privileges, uses or services, use of buildings or structures that are reasonable and uniform for the same class of privilege or service and are established with due regard to the property and improvements used and the expenses of operation to the municipality.
- (b) Other Operation. Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to § 42-5-119, a municipality may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed fifty (50) years, the privilege of operating, as agent of the municipality or otherwise, any airport owned or controlled by the municipality; provided, that the airport shall be operated as a public airport and that the person shall not enter into any contracts, leases or other arrangements in connection with the operation of the airport that the municipality might not have undertaken under subsection (a).
History (2)
- Acts 1957, ch. 375, § 5
- T.C.A., § 42-310.
§ 42-5-111. Liens. - To enforce the payment of any charges for repairs or improvements to, or storage or care of, any personal property made or furnished by the municipality or its agents in connection with the operation of an airport or air navigation facility owned or operated by the municipality, the municipality shall have liens on the property that are enforceable by the municipality as provided by § 66-21-101.
History (2)
- Acts 1957, ch. 375, § 6
- T.C.A., § 42-311.
§ 42-5-112. Delegation of authority to airport officer or board. - Any authority vested by this chapter in a municipality or in the governing body thereof, for the planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing of airports or other air navigation facilities established, owned or controlled, or to be established, owned or controlled by the municipality, may be vested by resolution of the governing body of the municipality in an officer or board or other municipal agency whose powers and duties shall be prescribed in the resolution; provided, that the expense of planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing shall be a responsibility of the municipality. Any officer or board or other municipal agency that, pursuant to §§ 42-5-101 — 42-5-110, formerly §§ 42-301 — 42-310, inclusive, as enacted by Acts 1955, ch. 6, prior to the repeal of those sections by Acts 1957, ch. 375, has, by municipal resolution or ordinance, been delegated such authority as in this section provided, has all power and authority as is authorized by this chapter for such officer or board or municipal agency.
History (2)
- Acts 1957, ch. 375, § 7
- T.C.A., § 42-312.
§ 42-5-113. Regulations and jurisdiction — Scope — Conformity to federal and state law. - (a)
- (1) A municipality that has established or acquired, or that may hereafter establish or acquire, an airport or air navigation facility, is authorized to adopt, amend and repeal such reasonable ordinances, resolutions, rules and regulations and orders as it shall deem necessary for the management, government and use of the airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality. For the enforcement thereof, the municipality may, by ordinance or resolution, as may by law be appropriate, appoint airport guards or police, with full police powers and fix penalties, within the limits prescribed by law, for the violation of the ordinances, resolutions, rules, regulations and orders. These penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced.
- (2)
- (A) To the extent that an airport or other air navigation facility controlled or operated by a municipality pursuant to any arrangement, understanding, or agreement created or entered into pursuant to this chapter, the Metropolitan Airport Authority Act, compiled in chapter 4 of this title, or any other statutory provisions, is located outside the territorial limits of the municipality, it shall, subject to federal and state laws, rules, and regulations, be under the jurisdiction and control of the municipality controlling or operating it. Any vocation, occupation, business or business activity located or conducted upon the premises, grounds and/or property of any such airport or other air navigation facility shall be subject to being taxed both by any municipality or county in which the airport or other air navigation facility is actually located and by any municipality controlling or operating the airport or air navigation facility to the extent and in the manner provided by law.
- (B)
- (i) Subdivision (a)(2) does not apply to counties having a population of between two hundred eighty-five thousand (285,000) and two hundred ninety thousand (290,000), according to the 1980 federal census.
- (ii) Subdivision (a)(2) does not apply to any county having a population of:
-
-
- 100,000200,000
- 450,000550,000
- 600,001
-
- according to the 1980 federal census or any subsequent federal census.
- (iii) Subdivision (a)(2) does not apply to any county having a metropolitan form of government.
- (iv) Subdivision (a)(2) does not apply to any municipality or county creating, controlling, or operating, in part, an airport or air navigation facility created, controlled, or operated, in part, by at least four (4) political subdivisions of this state and a political subdivision of an adjacent state, which airport is located outside the territorial limits of the municipality or county.
- (b) No ordinance, resolution, rule, regulation or order adopted by a municipality pursuant to this chapter shall be inconsistent with, or contrary to, any act of the Congress of the United States, or laws of this state, or to any regulations promulgated or standards established pursuant thereto.
History (3)
- Acts 1957, ch. 375, § 8
- T.C.A., § 42-313
- Acts 1983, ch. 466, §§ 1, 4-7.
§ 42-5-114. Appropriations and taxation. - (a) The governing body of any municipality having power to appropriate and raise money is authorized to appropriate and to raise by taxation or otherwise sufficient moneys to carry out the provisions and purposes of this chapter.
- (b) Regardless of any limitation by general or special law or charter as to the amount or total of taxes that may be levied, taxes may be levied by the governing body of a municipality for the purposes of this chapter in excess of any such limitation; provided, that such amount in excess of the limitation is authorized by an ordinance or resolution referred to and approved by a majority of the voters of the municipality voting in an election to approve or disapprove the ordinance or resolution.
- (c) Nothing in this section shall be deemed to require or to have required an election to authorize the levy of ad valorem taxes, without limitation of rate or amount, for the payment of the principal of and interest on bonds or other obligations of a municipality issued for any of the purposes listed in § 42-5-115 when the provisions of any other section or chapter of this code, or any other general or special law or charter, under the authority of which such bonds or other obligations are or were issued, and the proceedings authorizing the issuance of such bonds taken pursuant thereto, provide for the levy of taxes, without limitation of rate or amount, for the payment of the principal of and interest on such bonds or other obligations.
History (3)
- Acts 1957, ch. 375, § 9
- 1961, ch. 322, § 2
- T.C.A., § 42-314.
§ 42-5-115. Bond issues — Notes — Financing acquisition costs and improvements. - The cost of planning, acquiring, establishing, developing, constructing, enlarging, improving, maintaining or equipping an airport or air navigation facility, or the site therefor, including buildings, structures and other facilities incidental to the operation thereof or relating thereto, the acquisition of avigation easements, and the acquisition or elimination of airport hazards, may be paid for wholly or partly from the proceeds of the sale of bonds or other obligations of the municipality, as the governing body of the municipality shall determine. The bonds or other obligations may be issued by a county in accordance with title 5, chapter 11 [repealed] and by an incorporated city or incorporated town in accordance with title 7, chapter 36 [repealed]; provided, that any landing fees, concession fees, rents, charges, or any other revenues derived from the operation of an airport, pledged as security for the bonds, that are fixed and established by the provisions of a lease or contract, shall not be subject to revision or change during the term of such lease or contract except in the manner provided in the lease or contract.
History (3)
- Acts 1957, ch. 375, § 10
- 1961, ch. 322, § 3
- T.C.A., § 42-315.
§ 42-5-116. Validation of prior acquisitions, actions and bond issues. - (a) Any acquisition of property previously made, within or without the limits of any municipality or the state, for the purposes authorized by this chapter, and any other action previously taken by a municipality in furtherance of those purposes, including, but not limited to, the making of appropriations, the expenditure of money, the incurring of debts, the acceptance and disbursement of federal, state or other grants or loans, the issuance and payment of bonds and notes, the execution of leases and contracts, which acquisition or action would have been authorized had this chapter been in effect at the time of the acquisition or action, is ratified and made valid.
- (b) All bonds and notes previously issued in furtherance of purposes authorized by this chapter and actions ratified by this section are confirmed as legal obligations of the municipality, and, without prejudice to the general powers granted to the municipality by this chapter, the municipality is authorized to issue further bonds and notes for such purposes up to the limit fixed in the original authorization therefor, which bonds and notes shall be legal obligations in accordance with their terms.
History (2)
- Acts 1957, ch. 375, § 11
- T.C.A., § 42-316.
§ 42-5-117. Bond issues ratified and validated — Bonding power supplemental. - All bonds issued prior to March 17, 1961, and all proceedings taken by any municipality of this state prior to March 17, 1961, to authorize the issuance of bonds for airport purposes of whatsoever nature, including, but not limited to, the cost of planning, acquiring, establishing, developing, constructing, enlarging, improving, maintaining or equipping an airport or air navigation facility, or the site therefor, including the buildings, structures and other facilities incidental to the operation thereof or relating thereto, the acquisition of avigation easements and the acquisition or elimination of airport hazards, are ratified, validated and confirmed, and such bonds are declared to be valid and legally binding obligations payable in accordance with their terms, notwithstanding any lack of power of the governing body of the municipality to authorize and issue the bonds and provide for the payment thereof in the manner stated in the bonds and in the proceedings authorizing their issuance, and notwithstanding any defects or irregularities in any such proceedings or the failure of any such proceedings to comply with any of the provisions of this chapter known as the “Municipal Airport Act,” or with any of the provisions of any other section or chapter of this code or any other general or special law or charter. The power to issue bonds for airport purposes of whatsoever nature, conferred by this chapter, is declared to have been and to be, and shall be, in addition and supplemental to the powers conferred by any other section or chapter of this code or any other general or special law or charter, and none of the provisions of this chapter shall be deemed to have affected, or shall affect, the powers conferred by any other section or chapter of this code or any other general or special law or charter to issue bonds for airport purposes of whatsoever nature, and this chapter shall not be construed to have been, or to be, in substitution for the powers conferred by any other section or chapter of this code or any other general or special law or charter.
History (2)
- Acts 1961, ch. 322, § 6
- T.C.A., § 42-331.
§ 42-5-118. Application of airport revenues and sale proceeds. - The revenues obtained by a municipality from the ownership, control or operation of any airport or air navigation facility, including proceeds from the sale of any airport or portion thereof or air navigation facility property, may, subject to any contractual obligations with respect thereto, be used by a municipality for any municipal purpose, and any use thereof made prior to March 17, 1961, for any municipal purpose is ratified, validated and confirmed.
History (3)
- Acts 1957, ch. 375, § 12
- 1961, ch. 322, § 4
- T.C.A., § 42-317.
§ 42-5-119. Federal and state aid. - (a) Acceptance Authorized; Conditions. Except as otherwise provided by law, every municipality is authorized to accept, receive, receipt for, disburse and expend federal and state moneys and other moneys, public or private, made available by grant or loan or both to accomplish in whole or in part any of the purposes of this chapter. All federal moneys accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the United States and as are consistent with state law; and all state moneys accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the state. Unless otherwise prescribed by the agency from which such moneys were received and except as otherwise provided by law, the chief financial officer of the municipality shall, on its behalf, deposit all moneys received pursuant to this section and shall keep them in separate funds designated according to the purposes for which the moneys were made available, in trust for such purposes.
- (b) Department as Agent for Municipalities in Receiving Certain Federal Funds; Exceptions.
- (1) The department shall act as agent for each municipality for the purposes of applying for, receiving and disbursing federal funds made available pursuant to the former Airport and Airway Development Act of 1970, 84 Stat. 219, 49 U.S.C., § 1701 et seq. [repealed], or any amendment thereto, unless the municipality owns an airport having a minimum of twenty-five thousand (25,000) originating enplanements annually on regularly scheduled airline carriers as certified by the federal civil aeronautics board, in which event the municipality may act as principal with respect to any airport owned by it, or may designate the department as its agent for such purposes. All funds received by the department shall be deposited in the state treasury to be kept and disbursed in a manner consistent with federal requirements.
- (2) Whenever the department acts as agent, it may do so for an individual municipality or municipalities acting jointly and the applicable provisions of § 42-2-203(c) shall apply under either circumstance.
History (3)
- Acts 1957, ch. 375, § 13
- 1977, ch. 200, §§ 1, 2
- T.C.A., § 42-318.
§ 42-5-120. Contracts. - A municipality may enter into any contracts necessary to the execution of the powers granted it, and for the purposes provided by this chapter.
History (2)
- Acts 1957, ch. 375, § 14
- T.C.A., § 42-319.
§ 42-5-121. Mutual aid. - If any municipality determines that the public interest and the interests of the municipality will be served by assisting any other municipality or municipalities in exercising the powers and authority granted by this chapter, the municipality may furnish assistance by gift of real or personal property, or lease or loan thereof with or without charge or interest. In appropriating property or money and providing for assistance by taxation, the issuance of bonds, or other means, the municipality may exercise all of its powers as though used for its own direct purposes as provided in this chapter.
History (2)
- Acts 1957, ch. 375, § 15
- T.C.A., § 42-320.
§ 42-5-122. Public purpose — County and municipal purpose. - (a) The acquisition of any land or interest in land pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports and air navigation facilities, including the acquisition of avigation easements or the acquisition or elimination of airport hazards, and the exercise of any other powers granted by this chapter to municipalities and other public agencies, to be severally or jointly exercised, are declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity, and in the case of any county, are declared to be county functions and purposes as well as public and governmental, and in the case of any municipality, other than a county, are declared to be municipal functions and purposes as well as public and governmental.
- (b) All land and other property and privileges acquired and used by or on behalf of any municipality or other public agency in the manner and for the purposes enumerated in this chapter shall and are declared to be acquired and used for public and governmental purposes and as a matter of public necessity, and, in the case of a county or municipality, for county or municipal purposes, respectively.
- (c) No action or suit shall be brought or maintained against any municipality, or its officers, agents, servants or employees, in or about the construction, maintenance, operation, superintendence, or management of any municipal airport.
- (d) Nothing in this section shall be construed to prohibit any action, suit, or proceeding by or on behalf of any holder of bonds of a municipality previously or hereafter issued for airport purposes of whatever nature, pursuant to this chapter, or pursuant to any other section or chapter of this code, or any other general or special law or charter.
History (3)
- Acts 1957, ch. 375, § 17
- 1961, ch. 322, § 5
- T.C.A., § 42-326.
§ 42-5-123. Airport property and income exempt from taxation. - Any property in this state acquired by a municipality for airport purposes pursuant to this chapter, and any income derived by such municipality from the ownership, operation or control of that property, shall be exempt from taxation to the same extent as other property used for public purposes. Any municipality is authorized to exempt from municipal taxation any property, acquired within its boundaries by a public agency of another state for airport purposes, and any income derived from such property, to the extent that the other state authorizes similar exemptions from taxation to municipalities of this state.
History (2)
- Acts 1957, ch. 375, § 18
- T.C.A., § 42-327.
§ 42-5-124. Supplementary authority. - In addition to the general and special powers conferred by this chapter, every municipality is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers.
History (2)
- Acts 1957, ch. 375, § 19
- T.C.A., § 42-328.
§ 42-5-125. Airport zoning authority unaffected. - Nothing contained in this chapter shall be construed to limit any right, power or authority of a municipality to regulate airport hazards by zoning.
History (2)
- Acts 1957, ch. 375, § 20
- T.C.A., § 42-329.
§ 42-5-126. Interpretation and construction. - This chapter shall be so interpreted and construed as to make uniform as far as possible the laws and regulations of this state and other states and of the government of the United States having to do with the subject of municipal airports.
History (2)
- Acts 1957, ch. 375, § 21
- T.C.A., § 42-330.
Part 2 Joint Operations § 42-5-201. Joint operations authorized. - (a) As used in this part, unless the context otherwise requires:
- (1) “Governing body” means the governing body of a county or municipality and the head of the agency if the public agency is other than a county or municipality; and
- (2) “Public agency” includes a municipality, as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision and agency of another state.
- (b) All powers, privileges and authority granted to any municipality by this chapter may be exercised and enjoyed jointly with any public agency of this state, and jointly with any public agency of any other state or of the United States to the extent that the laws of the other state or of the United States permit such joint exercise or enjoyment.
- (c) If not otherwise authorized by law, any agency of the state government, when acting jointly with any municipality, may exercise and enjoy all of the powers, privileges and authority conferred by this chapter upon a municipality.
History (2)
- Acts 1957, ch. 375, § 16
- T.C.A., § 42-321.
§ 42-5-202. Agreement as to joint operation. - (a) Any two (2) or more public agencies may enter into agreements with each other for joint action pursuant to this part. Concurrent action by ordinance, resolution or otherwise of the governing bodies of the participating public agencies shall constitute joint action.
- (b) Each such agreement shall specify its duration, the proportionate interest that each public agency shall have in the property, facilities, and privileges involved, the proportion to be borne by each public agency of preliminary costs and costs of acquisition, establishment, construction, enlargement, improvement, and equipment of the airport or air navigation facility, the proportion of the expenses of maintenance, operation, regulation and protection thereof to be borne by each, and such other terms as are required by this section.
- (c) The agreement may also provide for:
- (1) Amendments thereof, and conditions and methods of termination of the agreement;
- (2) The disposal of all or any of the property, facilities and privileges jointly owned, prior to or upon the property, facilities and privileges, or any part thereof, ceasing to be used for the purposes provided in this chapter, or upon any such disposal, and of any funds or other property jointly owned and undisposed of;
- (3) The assumption or payment of any indebtedness arising from the joint venture that remains unpaid upon the disposal of all assets or upon a termination of the agreement; and
- (4) Such other provisions as may be necessary or convenient.
History (2)
- Acts 1957, ch. 375, § 16
- T.C.A., § 42-322.
§ 42-5-203. Joint board. - (a) Public agencies acting jointly pursuant to this part shall create a joint board, which shall consist of members appointed by the governing body of each participating public agency.
- (b) The number of members to be appointed, and the length of term and compensation, if any, shall be provided for in the joint agreement.
- (c) Each joint board shall organize, select officers for terms to be fixed by the agreement, and adopt and amend from time to time rules for its own procedure.
- (d) The joint board has the power to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police any airport or air navigation facility or airport hazard or navigation easement to be jointly acquired, controlled and operated, and such board may exercise, on behalf of its constituent public agencies, all the powers of each with respect to the airport, air navigation facility, airport hazard, or navigation easement, subject to the limitations of § 42-5-204.
History (2)
- Acts 1957, ch. 375, § 16
- T.C.A., § 42-323.
§ 42-5-204. Limitations on joint board. - (a) Expenditures. The total expenditures to be made by the joint board for any purpose in any fiscal year shall be determined by a budget approved by the governing bodies of its constituent public agencies on or before thirty (30) days preceding the first day of the fiscal year.
- (b) Acquisitions Beyond Sums Allotted. No airport, air navigation facility, airport hazard, avigation easement, or real or personal property, the cost of which is in excess of sums therefor fixed by the joint agreement or allotted in the annual budget, may be acquired by the joint board without the approval of the governing bodies of its constituent public agencies.
- (c) Eminent Domain. Eminent domain proceedings under this part may be instituted only by authority of the governing bodies of the constituent public agencies, which authority may be by resolution or ordinance; provided, that the joint board may, without such consent, enter into the contract, lease or other arrangements contemplated by § 42-5-110.
- (d) Disposal of Real Property. The joint board shall not dispose of any airport, air navigation facility, avigation easement, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies; provided, that the joint board may, without such consent, enter into the contract, lease or other arrangements contemplated by § 42-5-110.
- (e) Police Regulations. Any resolutions, rules, regulations or orders of the joint board regarding the subjects authorized by § 42-5-113 shall become effective only upon approval of the governing bodies of the constituent public agencies; provided, that upon approval, the resolutions, rules, regulations or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, regulations, rules or orders of each public agency would have in its own territory or jurisdiction.
History (2)
- Acts 1957, ch. 375, § 16
- T.C.A., § 42-324.
§ 42-5-205. Joint fund. - (a) For the purpose of providing a joint board with moneys for the necessary expenditures in carrying out this part, a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement.
- (b) Each of the constituent public agencies shall provide its share of the fund from sources available to each.
- (c) Any federal, state or other contributions or loans, and the revenues obtained from the joint ownership, control and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund.
- (d) Disbursements from the fund shall be made by order of the board, subject to the limitations prescribed in § 42-5-204.
History (2)
- Acts 1957, ch. 375, § 16
- T.C.A., § 42-325.
Chapter 6 Airport Zoning § 42-6-101. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Airport” means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes;
- (2) “Airport hazard” means any structure or tree or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft;
- (3) “Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter;
- (4) “Incompatible use” means any structure or use of land, as identified in airport noise compatibility planning, in title 14 of the Code of Federal Regulations, part 150, which was promulgated pursuant to the former Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. § 2101 et seq. [repealed], concerning the exposure of residents or occupants in the vicinity of airports to aircraft noise; provided, that “incompatible use” does not apply in any county having a metropolitan form of government and having a population greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census;
- (5) “Person” means any individual, firm, copartnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof;
- (6) “Political subdivision” means any municipality or county;
- (7) “Structure” means any object constructed or installed by humans, including, but not limited to, buildings, towers, smokestacks, and overhead transmission lines; and
- (8) “Tree” means any object of natural growth.
History (4)
- Acts 1945, ch. 74, § 1
- C. Supp. 1950, § 2726.20 (Williams, § 2726.47)
- T.C.A. (orig. ed.), § 42-401
- Acts 1992, ch. 594, § 1.
§ 42-6-102. Control of airport hazards is a public purpose. - (a) It is found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is declared that:
- (1) The creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question;
- (2) It is, therefore, necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and
- (3) This should be accomplished, to the extent legally possible, by exercise of the police power, without compensation.
- (b) It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein.
History (3)
- Acts 1945, ch. 74, § 2
- C. Supp. 1950, § 2726.21 (Williams, § 2726.48)
- T.C.A. (orig. ed.), § 42-402.
§ 42-6-103. Airport zoning regulations for airport hazard area — Adoption — Enforcement. - (a) In order to prevent the creation or establishment of airport hazards, every municipality or county having an airport hazard area within its territorial limits shall adopt, administer and enforce, under the police power and in the manner and upon the conditions prescribed in this chapter, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and prohibited and regulated and restrict the height to which structures and trees may be erected or allowed to grow; provided, that these regulations are solely for the purposes of preventing airport hazards.
- (b) Where an airport or an airport hazard area related to such airport, owned or controlled by a municipality, or established in cooperation with the appropriate federal agency, is located either partially or wholly outside the corporate limits of the municipality, the municipality owning or controlling the airport, and the county or counties within which the airport and the airport hazard area are located, shall adopt, by joint resolution, airport zoning regulations, or the county or counties shall authorize by resolution the adoption of such regulations by the municipality. The county or counties shall adopt regulations providing for enforcement by the municipality of the provisions of the ordinance.
- (c)
- (1) If, in the judgment of the municipality, the county or counties fail to adopt or enforce reasonably adequate airport zoning regulations for such area, or if the county or counties refuse to participate in some method of jointly adopting and administering airport zoning regulations, the municipality owning or controlling the airport, with the approval of the agency of the state government charged with fostering civil aeronautics, shall itself adopt, administer, and enforce airport zoning regulations for the airport hazard area in question.
- (2) In the event of conflict between such regulations and any zoning regulations adopted by the county or counties within which the airport hazard area is located, the regulations of the municipality owning or controlling the airport shall govern and prevail.
- (d)
- (1) This section applies to airports established in cooperation with the appropriate federal agency.
- (2) The requirements of adoption of a plan shall be permissive in any county having a metropolitan form of government and having a population of greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census.
History (4)
- Acts 1945, ch. 74, § 3
- C. Supp. 1950, § 2726.22 (Williams, § 2726.49)
- T.C.A. (orig. ed.), § 42-403
- Acts 1992, ch. 594, §§ 2-4, 6.
§ 42-6-104. Relation to other zoning ordinances — Resolution of conflicts. - (a) In the event a political subdivision has adopted, or hereafter adopts, a zoning ordinance under powers granted by title 13, chapter 7, part 1 or title 13, chapter 7, part 2, or by a private act regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion of the area may be incorporated in and made a part of the zoning ordinance, and be administered and enforced in connection therewith.
- (b) In the event of conflict between any airport zoning regulations adopted under this law and any other zoning ordinance applicable to the same area, the more restricted limitation or requirement shall govern and prevail.
History (3)
- Acts 1945, ch. 74, § 4
- C. Supp. 1950, § 2726.23 (Williams, § 2726.50)
- T.C.A. (orig. ed.), § 42-404.
§ 42-6-105. Certification of zoning plan. - Before the chief legislative body of a political subdivision may exercise the powers granted by § 42-6-103, the zoning plan shall be certified by the agency of the state government charged with fostering civil aeronautics and by a municipal or regional planning commission created under title 13, chapter 4, part 1 or title 13, chapter 4, part 2, if the planning commission exists.
History (5)
- Acts 1945, ch. 74, § 5
- C. Supp. 1950, § 2726.24 (Williams, § 2726.51)
- impl. am. Acts 1972, ch. 542, §§ 1-3, 15
- T.C.A. (orig. ed.), § 42-405
- Acts 2015, ch. 72, § 3.
§ 42-6-106. Hearing on zoning ordinance — Notice — Approval or disapproval. - Before enacting the zoning ordinance or any amendment thereof, the chief legislative body shall hold a public hearing on the ordinance or amendment, at least fifteen (15) days' notice of the time and place of which shall be published in the official municipal journal or in a newspaper of general local circulation. No change in or departure from the text or maps as certified under § 42-6-103 shall be made, unless the change or departure is first submitted to the planning commission or office and approved by it or, if disapproved, receive the favorable vote of a majority of the entire membership of the chief legislative body.
History (4)
- Acts 1945, ch. 74, § 6
- C. Supp. 1950, § 2726.25 (Williams, § 2726.52)
- impl. am. Acts 1972, ch. 542, § 15
- T.C.A. (orig. ed.), § 42-406.
§ 42-6-107. Amendments to ordinance — Procedure. - The zoning ordinance, including the maps, may from time to time be amended, but no amendment shall become effective unless it be first submitted to and approved by the agencies originally certifying the ordinance or, if disapproved, shall receive the favorable vote of a majority of the entire membership of the chief legislative body.
History (3)
- Acts 1945, ch. 74, § 7
- C. Supp. 1950, § 2726.26 (Williams, § 2726.53)
- T.C.A. (orig. ed.), § 42-407.
§ 42-6-108. Board of appeals — Creation — Members — Term — Duties and jurisdiction. - (a)
- (1) The chief legislative body shall create a board of zoning appeals of three (3) or five (5) members, and shall specify the mode of appointment of members to the board and their terms, which terms shall be of such length and so arranged that the term of one (1) member shall expire each year.
- (2) The compensation of the members of the board shall be as fixed by the members of the chief legislative body.
- (b) In the event a board of appeals exists or is created under title 13, chapter 7, part 1, or title 13, chapter 7, part 2, or by any private, special, or local act, the board of zoning appeals shall be designated by the chief legislative body to hear appeals from airport zoning ordinances created under this chapter.
- (c) The chief legislative body shall provide and specify, in its zoning or other ordinance, general rules to govern the organization and procedure and jurisdiction of the board of appeals, which rules shall not be inconsistent with this chapter; and the board of appeals may adopt supplemental rules of procedure, not inconsistent with this chapter or such general rules.
- (d) The zoning ordinance may provide that the board of appeals may, in appropriate cases and subject to the principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent.
- (e) The chief legislative body may also authorize the board of appeals to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions as they arise in the administration of the zoning regulations.
History (3)
- Acts 1945, ch. 74, § 8
- C. Supp. 1950, § 2726.27 (Williams, § 2726.54)
- T.C.A. (orig. ed.), § 42-408.
§ 42-6-109. Parties to appeals — Powers of appeal board. - (a) Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality or other political subdivision affected by any grant or refusal of a building permit or other act or decision of the enforcing official or other administrative official based in whole or in part upon the provisions of any ordinance enacted under this chapter.
- (b) The board of appeals has the following powers:
- (1) To hear and decide any error appellant alleges to be in any order, requirement, permit, decision or refusal made by the municipal building commissioner or any other administrative official in carrying out or enforcing any provision of any ordinance enacted pursuant to this chapter;
- (2) To hear and decide, in accordance with the provisions of any such ordinance, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which the board is authorized by any such ordinance to pass;
- (3) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the zoning regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this law would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of the property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning plan and zoning ordinance; and
- (4) In granting any variance or approving the issuance of any permit under this section, the administrative agency or board of appeals may, if it deems such action advisable to effectuate the purposes of this chapter and reasonable in circumstances, so condition the permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain suitable obstruction markers and obstruction lights thereon.
History (3)
- Acts 1945, ch. 74, § 8
- C. Supp. 1950, § 2726.27 (Williams, § 2726.54)
- T.C.A. (orig. ed.), § 42-409.
§ 42-6-110. Enforcement of ordinance — Remedies. - (a) The chief legislative body may provide for the enforcement of any ordinance enacted under this chapter.
- (b) A violation of any such ordinance is a Class A misdemeanor.
- (c) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is or is proposed to be used in violation of any ordinance enacted under this chapter, the building commissioner, municipal counsel or other appropriate authority of the municipality or other political subdivision or any adjacent or neighboring property owner who would be specially damaged by such violation, may, in addition to other remedies, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use, or to correct or abate the violation or to prevent the occupancy of the building, structure or land.
History (4)
- Acts 1945, ch. 74, § 9
- C. Supp. 1950, § 2726.28 (Williams, § 2726.55)
- T.C.A. (orig. ed.), § 42-410
- Acts 1989, ch. 591, § 1.
§ 42-6-111. Airport zoning regulations to be reasonable. - (a) All airport zoning regulations adopted under this chapter shall be reasonable, and none shall impose any requirements or restrictions that are not reasonably necessary to effectuate the purposes of this chapter.
- (b) In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, and the nature of the terrain within the airport hazard area.
History (3)
- Acts 1945, ch. 74, § 10
- C. Supp. 1950, § 2726.29 (Williams, § 2726.56)
- T.C.A. (orig. ed.), § 42-411.
§ 42-6-112. Restriction on zoning regulations. - No airport zoning regulation adopted under this chapter shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in § 42-6-113.
History (3)
- Acts 1945, ch. 74, § 11
- C. Supp. 1950, § 2726.30 (Williams, § 2726.57)
- T.C.A. (orig. ed.), § 42-412.
§ 42-6-113. Acquisition of air rights. - In any case in which:
- (1) It is desired to remove, lower, or otherwise terminate a nonconforming use;
- (2) The approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this law; or
- (3) It appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations;
- the political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such an air right, easement, or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purposes of this chapter.
History (3)
- Acts 1945, ch. 74, § 12
- C. Supp. 1950, § 2726.31 (Williams, § 2726.58)
- T.C.A. (orig. ed.), § 42-413.
§ 42-6-114. Regulations and standards controlling over other laws. - Whenever the regulations made under authority of this chapter require a lower height of buildings or impose other higher standards than are required in any other law, provision made under regulations or authority of this chapter shall govern.
History (3)
- Acts 1945, ch. 74, § 13
- C. Supp. 1950, § 2726.32 (Williams, § 2726.59)
- T.C.A. (orig. ed.), § 42-414.
§ 42-6-115. Zoning under special acts. - Nothing contained in this chapter shall be deemed to supplant or modify the provisions of any special or private act relating to the zoning or zoning powers of any municipality or county to which the special or private act is applicable, and all the provisions of the special or private act shall remain in full force and effect; but, insofar as this chapter is not inconsistent with the provisions of such special or private act, this chapter shall apply to the zoning powers and procedure of the municipality or county.
History (3)
- Acts 1945, ch. 74, § 14
- C. Supp. 1950, § 2726.33 (Williams, § 2726.60)
- T.C.A. (orig. ed.), § 42-415.
§ 42-6-116. Incompatible use prohibited — Airport noise compatibility plan not required. - (a)
- (1) Notwithstanding this chapter or any zoning ordinance or resolution created under the powers granted pursuant to title 13, chapter 7, part 1 or 2, or pursuant to any private act, no structure shall be erected or use of land approved that would create an incompatible use. The appropriate local governing body shall give adequate notice to any affected airport governing body of any proposal for a zoning classification change or building variance before the local governing body considers the change or variance.
- (2) Any airport that has not conducted an airport noise compatibility plan, pursuant to title 14 of the Code of Federal Regulations, part 150, shall not be required to conduct such a study, nor shall it be required to adopt zoning for purposes of addressing incompatible use.
- (b) Subsection (a) does not apply in any county having a metropolitan form of government and having a population greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census.
History (1)
- Acts 1992, ch. 594, §§ 5, 6.
Chapter 7 Civil Air Patrol § 42-7-101. Tennessee wing, existing for public purposes — Gifts and allotments, authority to receive. - The functions of the Tennessee wing, civil air patrol, and of its various groups and squadrons, are declared to be for public purposes, and the organizations are entitled to receive appropriations, gifts, grants and allotments of moneys, for the carrying out of their several activities that benefit the general public, from the federal treasury, the state treasury, and the treasuries of the cities and counties of the state and from any other source whatsoever.
History (3)
- Acts 1947, ch. 12, § 1
- C. Supp. 1950, § 2726.58 (Williams, § 2726.72)
- T.C.A. (orig. ed.), § 42-501.
§ 42-7-102. Leave of absence with pay — Other rights and benefits. - (a) An employee of this state who is a member of the United States air force auxiliary civil air patrol who participates in a training program for the civil air patrol, or in emergency and disaster services, as defined in § 58-2-101, shall be entitled to a leave of absence with pay for a period of not more than fifteen (15) days during a calendar year for such purposes if the leave of absence is at the request of the employee's wing commander or the wing commander's designated representative.
- (b) If an employee is granted a leave of absence pursuant to this section, the employee shall be entitled to the employee's regular salary during the time the employee is away from the employee's regular duties.
- (c) Any leave of absence granted pursuant to this section shall be in addition to any other leave of the employee.
- (d) All other rights and benefits of the employee, including seniority rights, insurance benefits, health insurance benefits, creditable service, and all other such rights and benefits, shall continue as if a leave of absence had not been granted.
Chapter 8 Heliports § 42-8-101. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Heliport” means land from which helicopters take off and land. “Heliport” does not include heliports operated by a health care institution as defined in § 68-11-1602 or land on which a helicopter makes a landing required by an emergency. “Heliport” also does not include land that is on private property used for the landing of a privately owned and operated helicopter for private, non-commercial purposes on a limited basis that in no way is ever used by or for commercial helicopter touring as commercial helicopter touring is defined in § 42-1-301; and
- (2) “Tourist resort county” means a county having more than five percent (5%) of its territory located within the boundaries of a national park established pursuant to 16 U.S.C. § 403.
History (3)
- Acts 1992, ch. 727, § 2
- 2009, ch. 57, § 1
- 2010, ch. 965, § 1.
§ 42-8-102. Certain land not to be used as heliport — Heliports on such land. - (a) Land in a tourist resort county within nine (9) miles of the boundary of a national park established pursuant to 16 U.S.C. § 403 cannot be used as a heliport.
- (b) The department of transportation shall not issue or renew licenses pursuant to chapter 2 of this title for any heliport located on land subject to the prohibition in subsection (a), except that licenses may be renewed for heliports allowed to continue to operate under § 42-8-103.
§ 42-8-103. Violations — Heliport deemed nuisance — Abatement, removal, conformity. - Notwithstanding § 13-7-208 or any other law to the contrary, a heliport operating as of April 23, 1992, that is in violation of § 42-8-102(a) is declared a public nuisance and shall be abated, removed or changed to conform with this chapter by July 1, 1994. Such heliports may continue to operate until that date provided:
- (1) The heliport is not extended or expanded; and
- (2) If the use of the land or any portion thereof as a heliport is discontinued for a period of six (6) months or changed, any future use of the land is in conformity with this chapter.
§ 42-8-104. Violations — Heliport deemed nuisance — Private right of action. - Any heliport operated in violation of this chapter is deemed a public nuisance, causing irreparable injury to the state, the county in which the heliport is located, municipalities located in that county and the residents of the county. In addition to any other remedies or rights of action possessed by any person or governmental unit, persons who reside on land subject to the prohibitions in this chapter have a private right of action against a person operating a heliport in violation of this chapter, and have the right to seek injunctive relief as allowed by law, to recover damages for nuisance, and to recover costs and attorney's fees if the resident is the prevailing party.
§ 42-8-105. Applicability — Stricter standards. - (a) This chapter shall not affect existing or future land use restrictions adopted by an incorporated city or town in a tourist resort county greater than those stated in this chapter.
- (b) This chapter does not apply to any county that has countywide zoning. If a county adopts countywide zoning after April 23, 1992, then this chapter shall not be applicable to such county.
- (c) Notwithstanding subsection (b), this chapter shall be applicable in premier type tourist resorts as defined in § 67-6-103, and located in a tourist resort county as defined in § 42-8-101.
History (2)
- Acts 1992, ch. 727, §§ 6, 7
- 2007, ch. 227, § 2.
2024 Tennessee Code Unannotated