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183.133 Purpose, duties and powers of the board -- Rules and regulations,
publication -- Enforcement -- Promotion of facilities.
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The purpose of the board shall be to establish, maintain, operate, and expand
necessary, desirable or appropriate airport and air navigation facilities. It shall
have the duty and such powers as may be necessary, or desirable to promote
and develop aviation, including air transportation, airports and air navigation
facilities.
The board shall establish and fix reasonable rates, charges and fees for the
use of the landing area, ramps and other common aviation facilities. In fixing
such rates, charges or fees the board may take into consideration, among
other factors, the total capital investment by the board or other local or state
governmental authority, the revenue needed properly to maintain such
facilities, the revenue needed properly to expand the airport and its facilities,
the portion of the facilities utilized by the licensee or contracting party and its
customers and the volume and type of business conducted. Any party
aggrieved by the rates, charges or fees may appeal from the action of the
board to the Circuit Court of the county within which the board operates, within
ninety (90) days from the date that the board finally publishes such rates,
charges or fees and gives notice of same to the contracting party or licensee.
The Circuit Court may hear evidence and determine whether or not the rates,
charges or fees are, or are not, reasonable in amount. Appeal from the
judgment of the Circuit Court may be prosecuted as any other civil appeal.
The board shall likewise have power, from time to time, to fix rates, charges or
fees by contract, or by publishing general rates, charges or fees for commercial
vendors, concessionaires or other persons for the use or occupancy of terminal
or other ground use facilities, under such terms or conditions as it may deem to
be in the best interest of maintaining, operating or expanding necessary airport
or air navigation facilities, and the public use thereof.
The board may acquire by contract, lease, purchase, gift, condemnation or
otherwise any real or personal property, or rights therein, necessary for
establishing, operating or expanding airports and air navigation facilities. The
board may erect, equip, operate and maintain on such property, buildings and
equipment necessary, desirable or appropriate for airport or air navigation
facilities. The board may dispose of any real or personal property, or rights
therein, which, in the opinion of the board are no longer needed for operating
or expanding the airport or air navigation facilities.
The board or any other governmental unit may by resolution reciting that the
property is needed for airport or air navigation purposes direct the
condemnation of any property, including navigation or other easements. The
procedure for condemnation shall conform to the procedures set out in the
Eminent Domain Act of Kentucky.
The board or any other governmental unit may from time to time make, adopt
and enforce such rules, regulations and ordinances as it may find necessary,
desirable or appropriate for carrying into effect the purposes of this chapter,
including those relating to the operation and control of the airport, airport
facilities or air navigation facilities owned or operated by such board or such
other governmental unit. All rules, regulations and ordinances adopted
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pursuant to this section shall be published according to the provisions of KRS
424.130, and the board or other governmental unit adopting them shall keep a
permanent record of such rules, regulations and ordinances available for public
inspection, on the airport premises. Prosecution for a violation of any rule,
regulation or ordinance adopted pursuant to this section shall be in the District
Court of any county within which the airport is located.
Any board may engage in activities to promote, encourage or develop the use
of airports or air navigation facilities under its control and any board which has
members thereof appointed by the Governor shall be assisted in such activities
by the state Cabinet for Economic Development if it requests such assistance
from the cabinet.
Effective:July 15, 1986
History: Amended 1986 Ky. Acts ch. 347, sec. 2, effective July 15, 1986. -Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 171, effective January 2,
1978. -- Amended 1976 Ky. Acts ch. 140, sec. 86. -- Amended 1970 Ky. Acts
ch. 244, sec. 1. -- Amended 1964 Ky. Acts ch. 134, sec. 6. -- Created 1960 Ky.
Acts ch. 179, sec. 33.
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