2005 Nevada Revised Statutes - Chapter 494 — State Airports

CHAPTER 494 - STATE AIRPORTS

NRS 494.010 Shorttitle.

NRS 494.020 Definitions.

NRS 494.030 Establishment,maintenance and operation of airports and air navigation facilities.

NRS 494.048 Fundfor Aviation: Creation; administration by Director of Department ofTransportation; investment of money; expenditure of money as grants;regulations; use and separate accounting of money; exception.

NRS 494.050 Powerof State to acquire existing airports.

NRS 494.060 Coordinationof air navigation facilities established by State with federal facilities.

NRS 494.070 Eminentdomain: Payment of damages and costs of removal and relocation; jurisdiction ofcourt.

NRS 494.080 Receiptand expenditure of money; contracts with United States and public agencies.

NRS 494.090 Statemay contract for use or improvements of state airports and air navigationfacilities; terms; conditions.

NRS 494.100 Agentor lessee may operate state airport; limitations.

NRS 494.110 Powerto enter into necessary contracts.

NRS 494.120 Agreementsfor joint action by State and public agencies; contents of agreement.

NRS 494.130 Actionsdeclared to be public and governmental functions.

NRS 494.140 Incidentalpowers.

NRS 494.150 Provisionsof chapter do not limit States power to regulate airport hazards.

NRS 494.160 Uniformityof interpretation and construction of chapter.

_________

NRS 494.010 Shorttitle. This chapter may be cited as the StateAirports Act.

[17:246:1949; 1943 NCL 293.17]

NRS 494.020 Definitions. As used in this chapter, unless the text otherwiserequires:

1. Air navigation facility means any facility, otherthan one owned and operated by the United States, used in, available for usein, or designed for use in, aid of air navigation, including any structures,mechanisms, lights, beacons, markers, communicating systems, or otherinstrumentalities, or devices used or useful as an aid, or constituting anadvantage or convenience to the safe taking off, navigation and landing ofaircraft, or the safe and efficient operation or maintenance of an airport, andany combination of any or all of such facilities.

2. Airport means any area of land or water which isused, or intended for use, for the landing and takeoff of aircraft, and anyappurtenant areas which are used for airport buildings or other airportfacilities or rights-of-way, together with all airport buildings and facilitieslocated thereon.

3. Airport hazard means any structure, object ofnatural growth, or use of land which obstructs the airspace required for theflight of aircraft in landing or taking off at an airport or is otherwisehazardous to such landing or taking off of aircraft.

4. Person includes a government, a governmentalagency and a political subdivision of a government.

[1:246:1949; 1943 NCL 293.1](NRS A 1985, 520)

NRS 494.030 Establishment,maintenance and operation of airports and air navigation facilities.

1. The State is authorized, out of moneys madeavailable for the purposes of this chapter:

(a) To plan, establish, develop, construct, enlarge,improve, maintain and operate airports and air navigation facilities eitherwithin or without the territorial boundaries of this State.

(b) To contract or otherwise provide, by condemnationif necessary, for the removal or the relocation of all private structures,railways, mains, pipes, conduits, wires, cables, poles and all other facilitiesand equipment which may interfere with the location, expansion, development orimprovement of such airports, restricted landing areas, and other airnavigation facilities, or with the safe approach thereto or takeoff therefromby aircraft.

(c) To pay the cost of removal or relocation.

(d) To pay the cost of construction, installation,equipment, maintenance and operation at such airports of buildings and otherfacilities for the servicing of aircraft or for the comfort and accommodationof air travelers and the purchase and sale of supplies, goods and commoditiesas an incident to the operation of its airport properties.

2. For such purposes the State may use any availableproperty that it may now or hereafter own or control and may, by purchase,gift, devise, lease, eminent domain proceedings or otherwise, acquire property,real or personal, or any interest therein, including easements in airporthazards or land outside the boundaries of an airport or airport site, as arenecessary to permit safe and efficient operation of the airport or to permitthe removal, elimination, obstruction, marking and lighting of airport hazards,or to prevent the establishment of airport hazards.

[2:246:1949; 1943 NCL 293.2]

NRS 494.048 Fundfor Aviation: Creation; administration by Director of Department ofTransportation; investment of money; expenditure of money as grants;regulations; use and separate accounting of money; exception.

1. The Fund for Aviation is hereby created as a TrustFund in the State Treasury. The Director:

(a) Shall administer the Fund; and

(b) May apply for and accept any gift, bequest, grant,appropriation or donation from any source for deposit in the Fund.

2. Any money received by the Director pursuant to theprovisions of subsection 1 must be deposited in the Fund. The money in the Fundmay be invested as the money in other state funds is invested. After deductingany applicable charges, all interest and income earned on the money in the Fundmust be credited to the Fund. The money in the Fund may be expended only inaccordance with the terms and conditions of any gift, bequest, grant,appropriation or donation to the Fund or in the manner provided in subsection3. Not more than 1 percent of the money in the Fund may be used to pay thecosts of administering the Fund.

3. Except as otherwise provided in this section, theDirector may:

(a) Expend money in the Fund to award grants to acounty, city or other local government in this State for obtaining matchingmoney for federal programs and any other programs relating to airports or forthe planning, establishment, development, construction, enlargement,improvement or maintenance of any airport, landing area or air navigationfacility owned or controlled by the county, city or other local government; and

(b) Adopt regulations to carry out the provisions ofparagraph (a).

4. The Director shall:

(a) In adopting regulations pursuant to subsection 3,determine the order of priority for the expenditures from the Fund byconsidering, without limitation, the following factors:

(1) The purpose of the project;

(2) The costs and benefits of the project; and

(3) The effect of the project on theenvironment, safety, security, infrastructure and capacity of the airport; and

(b) Before awarding a grant or adopting a regulationpursuant to subsection 3, consult with the Nevada Aviation Technical AdvisoryCommittee and any person who represents an airport in this State used by thegeneral public.

5. Any money received by a county, city or other localgovernment pursuant to the provisions of this section must be accounted forseparately by the county, city or other local government and may be used onlyfor the purpose for which the money was received by the county, city or otherlocal government.

6. The provisions of this section do not apply to anairport, landing area or air navigation facility that is owned or controlled bythe Reno-Tahoe Airport Authority or a county whose population is 400,000 ormore.

7. As used in this section, Director means theDirector of the Department of Transportation.

(Added to NRS by 2001, 1238)

NRS 494.050 Powerof State to acquire existing airports. TheState may, by purchase, gift, devise, lease, eminent domain proceedings orotherwise, acquire existing airports and air navigation facilities; but itshall not acquire or take over any airport or air navigation facility owned orcontrolled by a county, municipality or public agency of this or any otherstate without the consent of such municipality, county or public agency.

[4:246:1949; 1943 NCL 293.4]

NRS 494.060 Coordinationof air navigation facilities established by State with federal facilities. All air navigation facilities established or operated bythe State shall be supplementary to and coordinated in design and operationwith those established and operated by the Federal Government.

[5:246:1949; 1943 NCL 293.5]

NRS 494.070 Eminentdomain: Payment of damages and costs of removal and relocation; jurisdiction ofcourt.

1. In the acquisition of property by eminent domainproceedings authorized by this chapter, the State shall proceed in the mannerprovided by chapter 37 of NRS, provided thatthe State in exercising such power shall, in addition to the damage for taking,injury or destruction of property, also pay the cost of removal or relocationof any structure, railways, mains, pipes, conduits, wires, cables, poles or anypublic utility which is required to be moved to a new location.

2. The power of the State to acquire by condemnationany railway, highway, main, pipe, conduit, wires, cables, poles and all otherfacilities and equipment or other property held for or devoted to a public useor to require by condemnation the relocation of any such property held for ordevoted to a public use shall be exercised only after the court in which suchcondemnation proceedings are pending finds that the taking or relocationthereof for the public use of the State is of greater public necessity than thepublic use for which presently held or used.

3. The court in any such proceeding shall have fullpower and jurisdiction to fix the terms and conditions for the enjoyment of aright of common use in lieu of such taking or relocation as the court willdetermine will best suit the public interest and necessity.

[6:246:1949; 1943 NCL 293.6]

NRS 494.080 Receiptand expenditure of money; contracts with United States and public agencies.

1. The State is authorized:

(a) To accept, receive, receipt for, disburse andexpend federal and state moneys and other moneys, public or private, madeavailable by grant or loan, or both, to accomplish, in whole or in part, any ofthe purposes of this chapter.

(b) To enter into contracts and agreements with theUnited States and other public agencies in connection with carrying out thepurposes of this chapter.

2. All federal moneys accepted under this sectionshall be accepted and expended by the State upon such terms and conditions asare prescribed by the United States and as are consistent with state law.

[7:246:1949; 1943 NCL 293.7]

NRS 494.090 Statemay contract for use or improvements of state airports and air navigationfacilities; terms; conditions.

1. In the operation or maintenance of an airport orair navigation facility owned, leased or controlled by the State, the Statemay, except as may be limited by the terms and conditions of any grant, loan oragreement pursuant to NRS 494.080, enterinto contracts, leases and other arrangements with any persons:

(a) Granting the privilege of using or improving suchairport or air navigation facility or any portion or facility thereof or spacetherein for commercial purposes.

(b) Conferring the privilege of supplying goods,commodities, things, services or facilities at such airport or air navigationfacility.

(c) Making available services to be furnished by theState or its agents at such airport or air navigation facility.

2. In each case, the State may establish the terms andconditions and fix the charges, rentals or fees for the privileges or serviceswhich shall be reasonable and uniform for the same class of privilege orservice, and shall be established with due regard to the property andimprovements used and the expenses of operation to the State.

[8:246:1949; 1943 NCL 293.8]

NRS 494.100 Agentor lessee may operate state airport; limitations. Exceptas may be limited by the terms and conditions of any grant, loan or agreementpursuant to NRS 494.080, the State mayby contract, lease or other arrangement, upon a consideration fixed by it,grant to any qualified person the privilege of operating, as agent of the Stateor otherwise, any airport owned or controlled by the State; but no such personshall be granted any authority to operate such an airport other than as apublic airport or to enter into any contracts, leases or other arrangements inconnection with the operation of the airport which the State might not haveundertaken under NRS 494.090.

[9:246:1949; 1943 NCL 293.9]

NRS 494.110 Powerto enter into necessary contracts. The Statemay enter into any contracts necessary to the execution of the powers grantedit for the purposes provided by this chapter.

[10:246:1949; 1943 NCL 293.10]

NRS 494.120 Agreementsfor joint action by State and public agencies; contents of agreement.

1. The State may enter into agreements with any otherpublic agencies for joint action pursuant to carrying out the purposes of thischapter. Concurrent action by ordinance, resolution or otherwise of thegoverning bodies of the participating public agencies shall constitute jointaction.

2. Each agreement shall specify:

(a) Its duration.

(b) The proportionate interest which such public agencyshall have in the property, facilities and privileges involved.

(c) The proportion to be borne by each public agency ofpreliminary costs and costs of acquisition, establishment, construction,enlargement, improvement and equipment of the airport or air navigationfacility.

(d) The proportion of the expenses of maintenance,operation and protection thereof to be borne by each.

(e) Such other items as are required by the provisionsof this chapter.

[11:246:1949; 1943 NCL 293.11]

NRS 494.130 Actionsdeclared to be public and governmental functions.

1. The acquisition of any land or interest thereinpursuant to this chapter, the planning, acquisition, establishment, development,construction, improvement, maintenance, equipment, operation, protection andpolicing of airports and air navigation facilities, including the acquisitionor elimination of airport hazards, and the exercise of any other powers hereingranted to the State and other public agencies, to be exercised severally orjointly, are hereby declared to be public and governmental functions, exercisedfor a public purpose, and matters of public necessity.

2. All land and other property and privileges acquiredand used by or on behalf of the State or other public agency in the manner andfor the purposes enumerated in this chapter shall and are hereby declared to beacquired and used for public and governmental purposes and as a matter ofpublic necessity.

[12:246:1949; 1943 NCL 293.12]

NRS 494.140 Incidentalpowers. In addition to the general and specialpowers conferred by this chapter, the State is authorized to exercise suchpowers as are necessarily incidental to the exercise of such general and specialpowers.

[13:246:1949; 1943 NCL 293.13]

NRS 494.150 Provisionsof chapter do not limit States power to regulate airport hazards. Nothing contained in this chapter shall be construed tolimit any right, power or authority of the State to regulate airport hazards byzoning.

[14:246:1949; 1943 NCL 293.14]

NRS 494.160 Uniformityof interpretation and construction of chapter. Thischapter shall be so interpreted and construed as to make uniform so far as possiblethe laws and regulations of this state and other states and of the governmentof the United States having to do with the subject of airports.

[15:246:1949; 1943 NCL 293.15]

 

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