2005 Idaho Code - 21-106 — STATE AIRPORTS

                                  TITLE  21
                                 AERONAUTICS
                                  CHAPTER 1
                          AERONAUTICS ADMINISTRATION
    21-106.  STATE AIRPORTS. (a) Establishment, Operation, Maintenance. The
department is authorized on  behalf of and in the name of the state, out of
appropriations and other moneys made available for such 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. For such purposes the department may, by purchase, gift,
devise, lease, condemnation or otherwise, acquire property, real or personal,
or any interest therein including easements in aviation 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, hazard-marking or hazard-lighting of aviation hazards, or to
prevent the establishment of aviation hazards. In like manner the department
may acquire existing airports and air navigation facilities, provided however
it shall not acquire or take over any airport or air navigation facility owned
or controlled by a municipality of this or any other state without the consent
of such municipality. The department may by sale, lease, or otherwise, dispose
of any such property, airport, air navigation facility, or portion thereof or
interest therein. Such disposal by sale, lease, or otherwise, 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
in such manner and upon such terms as 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 aviation 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. In the condemnation of property authorized by this
section, the department shall proceed in the name of the state in the manner
provided by chapter 7, title 7, Idaho Code. 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.
    (e)  Federal Aid. The department is authorized to accept, receive, receipt
for, disburse and expend federal moneys, and other moneys public or private,
made available to accomplish, in whole or in part, any of the purposes of this
section. All federal moneys accepted under this section shall be accepted and
expended by the department upon such terms and conditions as are 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 section 21-105(c), Idaho Code,
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 such purposes. All such moneys are hereby
appropriated for the purpose of which the same were made available, to be
disbursed or expended in accordance with the terms and conditions upon which
they were made available.