State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_63 > GS_63-49

§63‑49.  Municipalities may acquire airports.

(a)        Every municipalityis hereby authorized, through its governing body, to acquire property, real orpersonal, for the purpose of establishing, constructing, and enlarging airportsand other air navigation facilities and to acquire, establish, construct,enlarge, improve, maintain, equip, operate, and regulate such airports andother air navigation facilities and structures and other property incidental totheir operation, either within and without the territorial limits of suchmunicipality and within or without this State; to make, prior to any suchacquisition, investigations, surveys, and plans; to construct, install, andmaintain airport facilities for the servicing of aircraft and for the comfortand accommodation of air travelers; and to purchase and sell equipment andsupplies as an incident to the operation of its airport properties. It may not,however, acquire or take over any airport or other air navigation facilityowned or controlled by any other municipality of the State without the consentof such municipality. It may use for airport purposes any available propertythat is now or may at any time hereafter be owned or controlled by it. Such airnavigation facilities as are established on airports shall be supplementary toand coordinated in design and operation with those established and operated bythe federal government.

(b)        All property neededby a municipality for an airport or restricted landing area, or for theenlargement of either, or for other airport purposes, may be acquired bypurchase, gift, devise, lease or other means if such municipality is able toagree with the owners of said property on the terms of such acquisition, andotherwise by condemnation in the manner provided by the Chapter entitledEminent Domain, full power to exercise the right of eminent domain for suchpurposes being hereby granted every municipality both within and without itsterritorial limits. If but one municipality is involved and the charter of suchmunicipality prescribes a method of acquiring property by condemnation,proceedings shall be had pursuant to the provisions of such charter and may befollowed as to property within or without its territorial limits. The fact thatthe property needed has been acquired by any agency or corporation authorizedto institute condemnation proceedings under power of eminent domain shall notprevent its acquisition by the municipality by the exercise of the right ofeminent domain herein conferred when such right is exercised on the approachzone or on the airport site. For the purpose of making surveys and examinationsrelative to any condemnation proceedings, it shall be lawful to enter upon anyland, doing no unnecessary damage. Provided that municipalities building airportsafter the ratification of this Article shall not acquire by condemnation anyproperty of any corporation engaged in the operation of a railroad or railroadbridge in this State if such property is used in the business of suchcorporation.

(c)        Where necessary, inorder to provide unobstructed air space for the landing and taking off ofaircraft utilizing airports or restricted landing areas acquired or operatedunder the provisions of this Article, every municipality is authorized toacquire, in the same manner as is provided for the acquisition of property forairport purposes, easements through or other interests in air space over land or water, interests in airport hazards, or airport hazards outside theboundaries of the airports or restricted landing areas and such other  airportprotection privileges as are necessary to insure safe approaches to the landingareas of said airports or restricted landing areas and the safe and efficientoperation thereof. It is also hereby  authorized to acquire, in the samemanner, land for the removal of airport hazards and the right of easement for aterm of years or perpetually, to place or maintain suitable marks for thedaytime marking and suitable lights for the nighttime marking of airporthazards, including the right of ingress or egress to or from such airporthazards for the purpose of maintaining and repairing such lights and marks.This authority shall not be so construed as to limit any right, power orauthority to zone property adjacent to airports and restricted landing areasunder the provisions of any law of this State.

(d)        It shall beunlawful for anyone to build, rebuild, create, or cause to be built, rebuilt,or created any object, or plant, cause to be planted, or permit to grow higherany tree or trees or other vegetation which shall encroach upon any airportprotection privileges acquired pursuant to the provisions of this section. Anysuch encroachment is declared to be a public nuisance and may be abated in themanner prescribed by law for the abatement of public nuisances, or themunicipality in charge of the airport or restricted landing area for whichairport protection privileges have been acquired as in this section provided,may go upon the land of others and remove any such encroachment without beingliable for damages in so doing. (1945, c. 490, s. 2; c. 810;1981, c. 919, s. 8.)