TITLE 2


Transportation


Aeronautics


CHAPTER 7. STATE AIRPORTS


§ 701. Authority to establish, acquire and operate.


(a) The Department may, on behalf of and in the name of this State, within the limitation of available appropriations, acquire
by purchase, gift, devise, lease, condemnation proceedings, or otherwise, property real or personal, for the purpose of establishing
and constructing airports, restricted landing areas, and other air navigation facilities, and acquire in like manner, own,
control, establish, construct, enlarge, improve, maintain, equip, operate, regulate, and police such airports, restricted
landing areas, and other air navigation facilities, either within or without this State. It may make, prior to any such acquisition,
investigations, surveys, and plans; and may erect, install, construct, and maintain at such airports facilities for the servicing
of aircraft and for the comfort and accommodation of air travelers, and may dispose of any such property, airport, restricted
landing area, or any other air navigation facility, by sale, lease, or otherwise, in accordance with the laws of this State
governing the disposition of other like property of the State.


(b) The Department shall not, however, acquire or take over any airport, restricted landing area or other air navigation facility
owned or controlled by a political subdivision without the consent of such political subdivision.


(c) The Department may erect, equip, operate, and maintain on any airport buildings and equipment necessary and proper to
establish, maintain, and conduct such airport and air navigation facilities connected therewith.


Code 1935, c. 167; 45 Del. Laws, c. 301, § 11(1); 2 Del. C. 1953, § 701; 57 Del. Laws, c. 671, § 12.;


§ 702. Acquisition of easements and airport protection privileges.


Where necessary, in order to provide unobstructed air space for the landing and taking off of aircraft utilizing airports
and restricted landing areas acquired or operated under this chapter, the Department may acquire, in the same manner as is
provided for the acquisition of property for airport purposes, easements through or other interests in air space over land
or water, interests in airport hazards outside the boundaries of the airports or restricted landing areas, and such other
airport protection privileges as are necessary to insure safe approaches to the landing areas of the airports and restricted
landing areas, and the safe and efficient operation thereof. It may also acquire, in the same manner, the right or easement,
for a term of years or perpetually, to place or maintain suitable marks for the daytime marking and suitable lights for the
nighttime marking of airport hazards, including the right of ingress and egress to or from such airport hazards for the purpose
of maintaining and repairing such lights and marks. This authority shall not be so construed as to limit the right, power,
or authority of the State or any political subdivision to zone property adjacent to any airport or restricted landing area
pursuant to any law of this State.


Code 1935, c. 167; 45 Del. Laws, c. 301, § 11(2); 2 Del. C. 1953, § 702; 57 Del. Laws, c. 671, § 12.;


§ 703. Joint operations.


The Department may engage in all the activities specified in §§ 701 and 702 of this title jointly with the United States,
other states, and with political subdivisions or other agencies of this State.


Code 1935, c. 167; 45 Del. Laws, c. 301, § 11(3); 2 Del. C. 1953, § 703; 57 Del. Laws, c. 671, § 12.;


§ 704. Condemnation.


(a) The Department may exercise the right of eminent domain, in the name of the State, for the acquisition of real property
for public purposes, for the purpose of acquiring any property which it is authorized by this title to acquire by condemnation.
In such cases, whenever the Department cannot agree with the owner of any land, building, franchise, easement, or other property
necessary to be taken, it may institute condemnation proceedings in accordance with Chapter 61 of Title 10.


(b) The right of eminent domain herein granted extends to and includes the right to acquire the fee simple title to land,
or an easement, or a right-of-way in, to, over or above such land or property as the Department deems necessary in making
adequate and practical provisions for the removal of obstructions of any nature whatsoever in approaches to an airport or
landing field.


(c) In the determination of the compensation to be paid in any condemnation proceeding authorized by this section, there shall
be paid either the value of the property and facilities taken or the cost of any changes in or relocation of the property
and facilities, whichever is higher.


(d) The fact that the property so needed has been acquired by the owner under power of eminent domain shall not prevent its
acquisition by the Department by the exercise of the right of eminent domain herein conferred.


(e) For the purpose of making surveys and examinations relative to any condemnation proceeding, it is lawful to enter upon
any land, doing no unnecessary damage.


Code 1935, c. 167; 45 Del. Laws, c. 301, § 11(4); 2 Del. C. 1953, § 704; 57 Del. Laws, c. 671, § 12.;


§ 705. Leases and sales.


(a) The Department may lease for a term not exceeding 10 years, such airports, or other air navigation facilities or real
property acquired or set apart for airport purposes, to private parties, any municipal or state government or the national
government, or any department of either thereof, for operation or use consistent with the purposes of this chapter.


(b) The Department may lease or assign for a term not exceeding 10 years to private parties, any municipal or state government
or the national government, or any department of either for operation or use consistent with the purposes of this chapter,
space, area, improvements or equipment on such airports.


(c) The Department may sell any part of such airports, other air navigation facilities or real property to any municipal or
state government, or to the United States or any department or instrumentality thereof, for aeronautical purposes or purposes
incidental thereto.


(d) The Department may confer the privilege of concessions of supplying upon the airports, goods, commodities, things, services
and facilities.


(e) No lease, sale, assignment or privilege conferred under this section shall deprive the public of its rightful, equal and
uniform use thereof.


Code 1935, c. 167; 45 Del. Laws, c. 301, § 11(5); 2 Del. C. 1953, § 705; 57 Del. Laws, c. 671, § 12.;


§ 706. Charges and rentals; lien.


The Department may determine the charges or rental for the use of any properties and the charges for any service or accommodations
under its control and the terms and conditions under which these properties may be used. No charge or rental under this section
shall deprive the public of its rightful, equal, and uniform use of such property. Charges shall be reasonable and uniform
for the same class of service and established with due regard to the property and improvements used and the expenses of operation
to the State. The State shall have and the Department may enforce liens, as provided by law for liens and the enforcement
thereof, for repairs to or improvement or storage or care of any personal property, to enforce the payment of any such charges.


Code 1935, c. 167; 45 Del. Laws, c. 301, § 11(6); 2 Del. C. 1953, § 706; 57 Del. Laws, c. 671, § 12.;


§ 707. Department's functions and powers governmental.


The acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition
of any airport protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance,
equipment and operation of airports and other air navigation facilities, whether by the State separately or jointly with any
political subdivision or subdivisions; the assistance of this State in any such acquisition, establishment, construction,
enlargement, improvement, maintenance, equipment and operation; and the exercise of any other powers herein granted to the
Department are public and governmental functions, exercised for a public purpose, and matters of public necessity, and such
lands and other property and privileges acquired and used by the State in the manner and for the purposes enumerated in this
chapter shall and are to be acquired and used for public and governmental purposes and as a matter of public necessity.


Code 1935, c. 167; 45 Del. Laws, c. 301, § 12(1); 2 Del. C. 1953, § 707; 57 Del. Laws, c. 671, § 12.;


§ 708. Tort liability.


No action or suit sounding in tort shall be brought or maintained against the State or any political subdivision, or the officers,
agents, servants or employees of the State or any political subdivision, on account of any act done in or about the construction,
maintenance, enlargement, operation, superintendence or management of any airport or other air navigation facility.


Code 1935, c. 167; 45 Del. Laws, c. 301, § 12(1); 2 Del. C. 1953, § 708.;