2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 39 - Municipal Airports
Section 3-39-4 - Municipal airports.

The governing body of any municipality may:

A. acquire by purchase, lease, gift or otherwise, and may establish, construct, improve, maintain and operate an airport or any airport facility either inside or outside the limits of the municipality;

B. insure or provide for insurance of any airport facility of the municipality;

C. provide or arrange for services in connection with any airport facility;

D. acquire by eminent domain either inside or outside the limits of the municipality any property necessary or desirable under the Municipal Airport Law in accordance with the procedure set forth by law;

E. sell, lease or otherwise dispose of or allow the use of any real or personal property or any interest acquired or used for the purposes included in the Municipal Airport Law;

F. enact any ordinance, rule or regulation not inconsistent with state or federal law or regulation which provides for the safety, health, prosperity, morals, order, comfort, convenience or welfare of the inhabitants of the municipality and of the general public or for the orderly and efficient management or operation of the airport or any airport facility, and to provide penalties for the violation thereof, all with respect to its airport or any of its airport facilities either inside or outside the limits of the municipality; and

G. perform any other act necessary to carry out the provisions of the Municipal Airport Law.

History: 1953 Comp., § 14-40-4, enacted by Laws 1965, ch. 300; 1969, ch. 251, § 9.

Cross references. — For lease of state lands, see 19-7-54 NMSA 1978.

Delegation of authority from state legislature required. — All the authority of the municipality to enact ordinances in connection with the creation and operation of an airport must be expressly delegated to it by the state legislature. 1967 Op. Att'y Gen. No. 67-139.

Creation of autonomous authority to operate airport would be an unlawful delegation of the power granted to the city council. 1967 Op. Att'y Gen. No. 67-139.

Restaurant and lounge in airport terminal is airport purpose. — This section authorizes municipalities to sell or lease municipal property to be used for airport purposes. A restaurant and lounge in an airport terminal building is certainly an airport purpose within the contemplation of this section, the same as other purposes for the safety and convenience of the traveling passengers and the aviation employees. 1953 Op. Att'y Gen. No. 53-5707.

Contract providing car rental services at airport. — A municipality has the power to enter into an exclusive contract providing car rental services at a municipal airport. There is no requirement that such contracts must be let only upon competitive bids. 1970 Op. Att'y Gen. No. 70-53.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 8 Am. Jur. 2d Aviation §§ 60 to 70.

Park property, right to use, for airport, 63 A.L.R. 491, 144 A.L.R. 486.

Airport, municipal power to acquire, maintain and regulate, 83 A.L.R. 345, 99 A.L.R. 173, 134 A.L.R. 927, 155 A.L.R. 1026.

Airport, construction of, as loan of credit, 161 A.L.R. 733.

Certificate of convenience and necessity, franchise, or permit as subject to transfer or encumbrance, 15 A.L.R.2d 883.

Liability of municipality for torts in connection with airport, 66 A.L.R.2d 634.

Aircraft flight paths or altitudes, validity of municipal regulation of, 36 A.L.R.3d 1314.

Injunction as remedy available to airport operator with respect to use of adjoining land interfering with aircraft operation, 65 A.L.R.3d 14.

Airport operations or flight of aircraft as nuisance, 79 A.L.R.3d 253.

63 C.J.S. Municipal Corporations §§ 959, 962, 964.