CHAPTER 2-02AIRPORTS AND LANDING FIELDS2-02-01.Authority to acquire, operate, and regulate airports.The North Dakotaaeronautics commission and all counties, cities, park districts, and townships of this state,<br>separately or jointly, may acquire, establish, construct, expand, own, lease, control, equip,<br>improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft<br>either within or without the geographic limits of such political subdivisions, and may use for such<br>purpose or purposes any available property owned or controlled by the state aeronautics<br>commission or such political subdivisions. Any property acquired, owned, leased, controlled, or<br>occupied for the purpose or purposes enumerated herein hereby is declared to be acquired,<br>owned, leased, controlled, or occupied for a public purpose and as a matter of public need, and<br>there is no liability on the part of the state aeronautics commission or any county, city, park<br>district, or township in connection therewith, or in the operation thereof, except to its own<br>employees.2-02-02. Property - How acquired. Private property needed by a county, city, parkdistrict, or township for an airport or landing field, or for the expansion of an airport or landing<br>field, may be acquired by grant, purchase, lease, or other means, if the political subdivision is<br>able to agree with the owners of the property on the terms of the acquisition, and otherwise,<br>subject to chapter 32-15, by right of eminent domain.2-02-03. Purchase price - How paid - Bond issue. The purchase price or award forreal property acquired in accordance with the provisions of this chapter for an airport or landing<br>field may be paid for by appropriation of moneys available therefor or wholly or partly from the<br>proceeds of the sale of bonds of said counties, cities, park districts, and townships, as the proper<br>officials of such political subdivisions shall determine, but any bonds for such purpose must be<br>authorized and issued under the provisions of chapter 21-03.2-02-04. Air rights - How acquired. Where necessary, in order to provide unobstructedair space for the landing and taking off of aircraft utilizing airports and landing fields acquired or<br>maintained under the provisions of this chapter, the counties, cities, park districts, and townships<br>may acquire such air rights over private property as are necessary to ensure safe approaches to<br>the landing areas of said airports and landing fields. Such air rights may be acquired by grant,<br>purchase, lease, or by right of eminent domain in the same manner as is provided in section<br>2-02-02 for the acquisition of the airport or landing field itself or the expansion thereof.2-02-05. Rights for marking fields - How acquired. Such political subdivisions mayacquire the right or easement for a term of years or perpetually to place and maintain suitable<br>marks for the daytime, and to place, operate, and maintain suitable lights for the nighttime<br>marking of buildings or other structures or obstructions interfering with the safe operation of<br>aircraft utilizing airports and landing fields acquired or maintained under the provisions of this<br>chapter. Such rights or easements may be acquired in the manner provided in section 2-02-02.2-02-06. Authority to construct, operate, regulate, or lease airports. Counties, cities,park districts, and townships which have established airports or landing fields, or which acquire,<br>lease, or set apart real property for such purpose or purposes, may:1.Construct, equip, maintain, and operate the same, or vest authority for the<br>construction, equipment, improvement, maintenance, and operation thereof, in an<br>officer, board, or body of such political subdivision.The expenses of suchconstruction,equipment,improvement,maintenance,andoperationarearesponsibility of said political subdivision.2.Adopt regulations and establish charges, fees, and tolls for the use of such airports<br>or landing fields and fix penalties for the violation of said regulations.Page No. 13.Lease such airports or landing fields to private parties for operation, or lease or<br>assign to private parties for operation, space, area, improvements, and equipment<br>on such airports or landing fields, if in each case the public, in so doing, is not<br>deprived of its rightful use thereof.4.Establish toll access roadways leading to air carrier terminal buildings.The tollaccess charge may not exceed one dollar per vehicle.2-02-07. Authority to raise money by taxation and use airport income. The localpublic authorities having power to appropriate moneys within the political subdivisions acquiring,<br>establishing, developing, operating, maintaining, or controlling airports or landing fields under the<br>provisions of this chapter may appropriate and cause to be raised by taxation or otherwise in<br>such political subdivisions, moneys sufficient to carry out therein the provisions of this chapter,<br>and also may use for such purpose or purposes moneys derived from said airports or landing<br>fields.2-02-08. Police power outside geographic limits. Counties, cities, park districts, andtownships acquiring, establishing, developing, operating, maintaining, or controlling airports or<br>landing fields under the provisions of this chapter without the geographic limits of such<br>subdivisions have the same police powers over such airports or landing fields as they may<br>exercise within the geographic limits of such subdivisions.2-02-09. Authorization for airport liability insurance - Exceptions. After June 30,1967, any airport authority, county, city, township, or other political subdivision which operates an<br>airport, is hereby authorized to carry liability insurance for its own protection and the protection of<br>any employee from claim for loss or damage for bodily injury or property damage arising out of or<br>by reason of its operation and maintenance of airport facilities in connection therewith or landing<br>fields; provided, that any airport authority or political subdivision, and its agents, servants, and<br>employees have full government immunity for any claims in excess of the limits afforded by such<br>insurance policies or full governmental immunity in the event no insurance is carried.Theexistence of insurance coverage may not be conveyed to the jury in the event of suits thereon,<br>either directly or indirectly. If a dispute exists concerning the amount or nature of the insurance<br>coverage, the dispute must be tried separately before the main trial determining the claims and<br>damages of the claimant. This statute confers no right for a claimant to sue the insurer directly.Page No. 2Document Outlinechapter 2-02 airports and landing fields
CHAPTER 2-02AIRPORTS AND LANDING FIELDS2-02-01.Authority to acquire, operate, and regulate airports.The North Dakotaaeronautics commission and all counties, cities, park districts, and townships of this state,<br>separately or jointly, may acquire, establish, construct, expand, own, lease, control, equip,<br>improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft<br>either within or without the geographic limits of such political subdivisions, and may use for such<br>purpose or purposes any available property owned or controlled by the state aeronautics<br>commission or such political subdivisions. Any property acquired, owned, leased, controlled, or<br>occupied for the purpose or purposes enumerated herein hereby is declared to be acquired,<br>owned, leased, controlled, or occupied for a public purpose and as a matter of public need, and<br>there is no liability on the part of the state aeronautics commission or any county, city, park<br>district, or township in connection therewith, or in the operation thereof, except to its own<br>employees.2-02-02. Property - How acquired. Private property needed by a county, city, parkdistrict, or township for an airport or landing field, or for the expansion of an airport or landing<br>field, may be acquired by grant, purchase, lease, or other means, if the political subdivision is<br>able to agree with the owners of the property on the terms of the acquisition, and otherwise,<br>subject to chapter 32-15, by right of eminent domain.2-02-03. Purchase price - How paid - Bond issue. The purchase price or award forreal property acquired in accordance with the provisions of this chapter for an airport or landing<br>field may be paid for by appropriation of moneys available therefor or wholly or partly from the<br>proceeds of the sale of bonds of said counties, cities, park districts, and townships, as the proper<br>officials of such political subdivisions shall determine, but any bonds for such purpose must be<br>authorized and issued under the provisions of chapter 21-03.2-02-04. Air rights - How acquired. Where necessary, in order to provide unobstructedair space for the landing and taking off of aircraft utilizing airports and landing fields acquired or<br>maintained under the provisions of this chapter, the counties, cities, park districts, and townships<br>may acquire such air rights over private property as are necessary to ensure safe approaches to<br>the landing areas of said airports and landing fields. Such air rights may be acquired by grant,<br>purchase, lease, or by right of eminent domain in the same manner as is provided in section<br>2-02-02 for the acquisition of the airport or landing field itself or the expansion thereof.2-02-05. Rights for marking fields - How acquired. Such political subdivisions mayacquire the right or easement for a term of years or perpetually to place and maintain suitable<br>marks for the daytime, and to place, operate, and maintain suitable lights for the nighttime<br>marking of buildings or other structures or obstructions interfering with the safe operation of<br>aircraft utilizing airports and landing fields acquired or maintained under the provisions of this<br>chapter. Such rights or easements may be acquired in the manner provided in section 2-02-02.2-02-06. Authority to construct, operate, regulate, or lease airports. Counties, cities,park districts, and townships which have established airports or landing fields, or which acquire,<br>lease, or set apart real property for such purpose or purposes, may:1.Construct, equip, maintain, and operate the same, or vest authority for the<br>construction, equipment, improvement, maintenance, and operation thereof, in an<br>officer, board, or body of such political subdivision.The expenses of suchconstruction,equipment,improvement,maintenance,andoperationarearesponsibility of said political subdivision.2.Adopt regulations and establish charges, fees, and tolls for the use of such airports<br>or landing fields and fix penalties for the violation of said regulations.Page No. 13.Lease such airports or landing fields to private parties for operation, or lease or<br>assign to private parties for operation, space, area, improvements, and equipment<br>on such airports or landing fields, if in each case the public, in so doing, is not<br>deprived of its rightful use thereof.4.Establish toll access roadways leading to air carrier terminal buildings.The tollaccess charge may not exceed one dollar per vehicle.2-02-07. Authority to raise money by taxation and use airport income. The localpublic authorities having power to appropriate moneys within the political subdivisions acquiring,<br>establishing, developing, operating, maintaining, or controlling airports or landing fields under the<br>provisions of this chapter may appropriate and cause to be raised by taxation or otherwise in<br>such political subdivisions, moneys sufficient to carry out therein the provisions of this chapter,<br>and also may use for such purpose or purposes moneys derived from said airports or landing<br>fields.2-02-08. Police power outside geographic limits. Counties, cities, park districts, andtownships acquiring, establishing, developing, operating, maintaining, or controlling airports or<br>landing fields under the provisions of this chapter without the geographic limits of such<br>subdivisions have the same police powers over such airports or landing fields as they may<br>exercise within the geographic limits of such subdivisions.2-02-09. Authorization for airport liability insurance - Exceptions. After June 30,1967, any airport authority, county, city, township, or other political subdivision which operates an<br>airport, is hereby authorized to carry liability insurance for its own protection and the protection of<br>any employee from claim for loss or damage for bodily injury or property damage arising out of or<br>by reason of its operation and maintenance of airport facilities in connection therewith or landing<br>fields; provided, that any airport authority or political subdivision, and its agents, servants, and<br>employees have full government immunity for any claims in excess of the limits afforded by such<br>insurance policies or full governmental immunity in the event no insurance is carried.Theexistence of insurance coverage may not be conveyed to the jury in the event of suits thereon,<br>either directly or indirectly. If a dispute exists concerning the amount or nature of the insurance<br>coverage, the dispute must be tried separately before the main trial determining the claims and<br>damages of the claimant. This statute confers no right for a claimant to sue the insurer directly.Page No. 2Document Outlinechapter 2-02 airports and landing fields
CHAPTER 2-02AIRPORTS AND LANDING FIELDS2-02-01.Authority to acquire, operate, and regulate airports.The North Dakotaaeronautics commission and all counties, cities, park districts, and townships of this state,<br>separately or jointly, may acquire, establish, construct, expand, own, lease, control, equip,<br>improve, maintain, operate, regulate, and police airports and landing fields for the use of aircraft<br>either within or without the geographic limits of such political subdivisions, and may use for such<br>purpose or purposes any available property owned or controlled by the state aeronautics<br>commission or such political subdivisions. Any property acquired, owned, leased, controlled, or<br>occupied for the purpose or purposes enumerated herein hereby is declared to be acquired,<br>owned, leased, controlled, or occupied for a public purpose and as a matter of public need, and<br>there is no liability on the part of the state aeronautics commission or any county, city, park<br>district, or township in connection therewith, or in the operation thereof, except to its own<br>employees.2-02-02. Property - How acquired. Private property needed by a county, city, parkdistrict, or township for an airport or landing field, or for the expansion of an airport or landing<br>field, may be acquired by grant, purchase, lease, or other means, if the political subdivision is<br>able to agree with the owners of the property on the terms of the acquisition, and otherwise,<br>subject to chapter 32-15, by right of eminent domain.2-02-03. Purchase price - How paid - Bond issue. The purchase price or award forreal property acquired in accordance with the provisions of this chapter for an airport or landing<br>field may be paid for by appropriation of moneys available therefor or wholly or partly from the<br>proceeds of the sale of bonds of said counties, cities, park districts, and townships, as the proper<br>officials of such political subdivisions shall determine, but any bonds for such purpose must be<br>authorized and issued under the provisions of chapter 21-03.2-02-04. Air rights - How acquired. Where necessary, in order to provide unobstructedair space for the landing and taking off of aircraft utilizing airports and landing fields acquired or<br>maintained under the provisions of this chapter, the counties, cities, park districts, and townships<br>may acquire such air rights over private property as are necessary to ensure safe approaches to<br>the landing areas of said airports and landing fields. Such air rights may be acquired by grant,<br>purchase, lease, or by right of eminent domain in the same manner as is provided in section<br>2-02-02 for the acquisition of the airport or landing field itself or the expansion thereof.2-02-05. Rights for marking fields - How acquired. Such political subdivisions mayacquire the right or easement for a term of years or perpetually to place and maintain suitable<br>marks for the daytime, and to place, operate, and maintain suitable lights for the nighttime<br>marking of buildings or other structures or obstructions interfering with the safe operation of<br>aircraft utilizing airports and landing fields acquired or maintained under the provisions of this<br>chapter. Such rights or easements may be acquired in the manner provided in section 2-02-02.2-02-06. Authority to construct, operate, regulate, or lease airports. Counties, cities,park districts, and townships which have established airports or landing fields, or which acquire,<br>lease, or set apart real property for such purpose or purposes, may:1.Construct, equip, maintain, and operate the same, or vest authority for the<br>construction, equipment, improvement, maintenance, and operation thereof, in an<br>officer, board, or body of such political subdivision.The expenses of suchconstruction,equipment,improvement,maintenance,andoperationarearesponsibility of said political subdivision.2.Adopt regulations and establish charges, fees, and tolls for the use of such airports<br>or landing fields and fix penalties for the violation of said regulations.Page No. 13.Lease such airports or landing fields to private parties for operation, or lease or<br>assign to private parties for operation, space, area, improvements, and equipment<br>on such airports or landing fields, if in each case the public, in so doing, is not<br>deprived of its rightful use thereof.4.Establish toll access roadways leading to air carrier terminal buildings.The tollaccess charge may not exceed one dollar per vehicle.2-02-07. Authority to raise money by taxation and use airport income. The localpublic authorities having power to appropriate moneys within the political subdivisions acquiring,<br>establishing, developing, operating, maintaining, or controlling airports or landing fields under the<br>provisions of this chapter may appropriate and cause to be raised by taxation or otherwise in<br>such political subdivisions, moneys sufficient to carry out therein the provisions of this chapter,<br>and also may use for such purpose or purposes moneys derived from said airports or landing<br>fields.2-02-08. Police power outside geographic limits. Counties, cities, park districts, andtownships acquiring, establishing, developing, operating, maintaining, or controlling airports or<br>landing fields under the provisions of this chapter without the geographic limits of such<br>subdivisions have the same police powers over such airports or landing fields as they may<br>exercise within the geographic limits of such subdivisions.2-02-09. Authorization for airport liability insurance - Exceptions. After June 30,1967, any airport authority, county, city, township, or other political subdivision which operates an<br>airport, is hereby authorized to carry liability insurance for its own protection and the protection of<br>any employee from claim for loss or damage for bodily injury or property damage arising out of or<br>by reason of its operation and maintenance of airport facilities in connection therewith or landing<br>fields; provided, that any airport authority or political subdivision, and its agents, servants, and<br>employees have full government immunity for any claims in excess of the limits afforded by such<br>insurance policies or full governmental immunity in the event no insurance is carried.Theexistence of insurance coverage may not be conveyed to the jury in the event of suits thereon,<br>either directly or indirectly. If a dispute exists concerning the amount or nature of the insurance<br>coverage, the dispute must be tried separately before the main trial determining the claims and<br>damages of the claimant. This statute confers no right for a claimant to sue the insurer directly.Page No. 2Document Outlinechapter 2-02 airports and landing fields
