# Title 2 — Aeronautics

## Chapter 2-06 — Airport Authorities Act

### § 2-06-01. Definitions.

In this chapter:
1. "Airport" means any real or personal property used or intended to be used for the
navigation, landing, and taking off of aircraft, and any real or personal property used or
intended to be used for airport operations or maintenance, buildings, facilities, rights of
way, or approaches and clear zones.
2. "Airport authority" or "authority" means any regional airport authority or municipal
airport authority created under this chapter, and the governing body of a municipality
exercising the powers of a municipal airport authority.
3. "Airport hazard" means any structure, object, or use of property which obstructs the
airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or
taking off at an airport.
4. "Bonds" means any bonds, notes, interim certificates, debentures, or similar
obligations issued by an authority under this chapter.
5. "Clerk" means the custodian of the official records of a municipality.
6. "Governing body" means the official or officials authorized by law to exercise
ordinance or other lawmaking powers of a municipality.
7. "Municipal airport authority" or "municipal authority" means a municipal airport
authority created under section 2-06-02.
8. "Municipality" means any county, city, or township of this state.
9. "Real property" means lands, structures, and interests in land, including lands under
water and riparian rights, and all things and rights usually included within the term real
property, including fee simple absolute and all lesser interests, such as easements,
rights of way, uses, leases, licenses, and all other incorporeal hereditaments and every
estate, interest, or right, legal or equitable, pertaining to real property.
10. "Regional airport authority" or "regional authority" means a regional airport authority
created under section 2-06-03.
### § 2-06-01.1. Aeronautics commission may exercise powers of airport authority -

Exceptions.
The North Dakota aeronautics commission has the powers of an airport authority provided
in this chapter, except powers to certify or levy taxes or issue bonds, for the purpose of
constructing and operating a public airport near the International Peace Garden and other public
airports near international border ports of entry, state or national parks, or recreational areas.
### § 2-06-01.2. Airport operation and income.

The aeronautics commission has operational control of airports constructed under section
concessions, or the lease of portions of the premises for other related airport services or for
purposes consistent with the use of the premises for airport purposes. All income from the
operation of such airports must be deposited in the state treasury in a special operating fund to
be known as the airport operating fund. All expenditures from such fund must be within the limits
of legislative appropriations and must be made upon vouchers, signed and approved by the
director of the aeronautics commission.
### § 2-06-02. Creation of municipal airport authority - Dissolution.

1. A governing body of a municipality, by resolution, may create a municipal airport
authority or choose to exercise the powers provided to a municipal airport authority
under this chapter.
2. Upon the adoption of a resolution creating a municipal airport authority, the governing
body of the municipality shall appoint five commissioners of the authority. The
commissioners who are first appointed must be designated to serve for terms of one,

two, three, four, and five years, respectively, but thereafter, each commissioner must
be appointed for a term of five years, except that vacancies occurring other than by
expiration of term must be filled for the unexpired term by the governing body.
3. Upon the adoption of a resolution to exercise the powers provided to a municipal
airport authority under this chapter, the members of the governing body of the
municipality constitute the commissioners of the authority.
4. After payment of all debts, a municipal airport authority may be dissolved by resolution
of the governing body of the municipality. Before dissolution, the property of the airport
authority must be transferred to the municipality or sold, and the net proceeds of sale
deposited in the general fund of the municipality.
### § 2-06-03. Regional airport authority creation or expansion - Dissolution.

1. A municipality in North Dakota, by joint resolution with one or more municipalities in
North Dakota or an adjoining state, may create a regional airport authority which may
exercise its functions upon the issuance by the secretary of state of a certificate of
incorporation. Under the joint resolution, the governing bodies of the municipalities
participating in the creation of a regional airport authority shall appoint at least five
commissioners of the regional airport authority. The number to be appointed and their
representation must be provided for in the joint resolution. The commissioners who are
first appointed must be designated to serve terms of one, two, three, four, or five years
with at least one commissioner's term expiring each year. Each regional airport
authority shall organize, elect officers, and adopt procedural rules consistent with
section 2-06-06.
2. A regional airport authority may be expanded to serve one or more additional
municipalities if the governing body of each additional municipality, the governing body
of each of the municipalities included in the regional authority, and the commissioners
of the regional authority each adopt a resolution consenting to the expansion.
If a municipal airport authority exists for any municipality seeking to be included in a
regional authority, the commissioners of that municipal authority must consent to the
inclusion of the municipality in the regional authority. If the municipal authority has any
bonds outstanding, one hundred percent of the bondholders must provide written
consent to the inclusion of the municipality in the regional authority. Upon the inclusion
of any municipality in the regional authority, all rights, contracts, obligations, and
property, real and personal, of the municipal authority must be in the name of and vest
in the regional authority.
3. The area encompassed in a regional airport authority may be decreased if each of the
municipalities included in the regional authority and the commissioners of the regional
authority consent to the decrease and make provisions for the retention or disposition
of its assets and liabilities. If the regional authority has any bonds outstanding, no
decrease may be effected unless one hundred percent of the bondholders provide
written consent to the decrease.
4. A municipality may not adopt any resolution authorized by this section without a public
hearing on the resolution. Ten days prior notice of the hearing must be published in a
newspaper published in the municipality or, if there is no newspaper published in the
municipality, in a newspaper having general circulation in the municipality.
5. The term of a commissioner of a regional airport authority is five years, except that a
vacancy in an unexpired term must be filled for the remainder of the term.
6. After payment of all debts, a regional airport authority may be dissolved by a joint
resolution of the governing bodies of the participating municipalities. Before
dissolution, the property of the regional airport authority must be sold, transferred, or
distributed as agreed by the participating municipalities. Any remaining funds of the
regional airport authority must be distributed to the general funds of the participating
municipalities in proportion to their support of the regional airport authority.

### § 2-06-04. Certificate of incorporation of regional airport authority.

1. Upon the appointment and qualification of the commissioners first appointed to a
regional airport authority, the commissioners shall submit to the secretary of state a
certified copy of each resolution adopted under section 2-06-03 by the municipalities
included in the regional authority, and the secretary of state shall issue a certificate of
incorporation to the regional airport authority upon receipt of the resolutions.
2. When a regional airport authority is increased or decreased under section 2-06-03, it
shall forward to the secretary of state a certified copy of each resolution adopted under
that section, and the secretary of state shall issue an amended certificate of
incorporation upon receipt of the resolutions.
### § 2-06-05. Proof of existence of authority.

Repealed by S.L. 2017, ch. 60, § 24.
### § 2-06-06. Commissioners - Compensation - Meetings - Officers.

Each commissioner of an airport authority shall hold office until the commissioner's
successor has been appointed and has qualified. The certificates of the appointment and
reappointment of commissioners must be filed with the authority. The appointing authority shall
establish the rate of compensation for commissioners, and actual expenses incurred by
commissioners may be reimbursed at the official reimbursement rates of the appointing
authority.
The powers of each authority are vested in its commissioners. A majority of the
commissioners of an authority constitutes a quorum for the purpose of conducting business.
Action may be taken by the authority upon a vote of not less than a majority of the
commissioners present.
Each authority shall elect a chairman and vice chairman from among the commissioners. An
authority may employ an executive director, secretary, technical experts, and other officers,
agents, and employees, permanent and temporary, as it may require, and shall determine their
qualifications, duties, and compensation. An authority may obtain legal services from the chief
law officer of the municipality or municipalities included in the authority or may employ its own
legal counsel. An authority may delegate powers or duties to its agents or employees as it
deems proper.
### § 2-06-07. General powers of an authority.

An authority has all the powers necessary or convenient to carry out the purposes of this
chapter including the power to certify, annually to the governing bodies creating it, the amount of
the proposed tax to be levied by the governing bodies for airport purposes within the limitations
in section 2-06-15, and the power:
1. To sue and be sued, to have a seal, and to have perpetual succession.
2. To execute contracts and other instruments necessary or convenient to carry out the
purposes of this chapter.
3. To plan, establish, acquire, develop, construct, purchase, enlarge, improve, maintain,
equip, operate, regulate, and protect airports, within this state and within any adjoining
state, including the acquisition, construction, installation, equipment, maintenance, and
operation at such airports or buildings and other facilities for the servicing of aircraft or
for comfort and accommodation of air travelers, and the purchase and sale of supplies,
goods, and commodities as are incident to the operation of its airport properties. For
such purposes, an authority may by purchase, gift, devise, lease, eminent domain
proceedings, or otherwise acquire property, real or personal, including easements in
airport hazards or land outside the boundaries of an airport or airport site, as
necessary to permit the removal, elimination, obstruction-marking or
obstruction-lighting of airport hazards, or to prevent the establishment of airport
hazards.
4. To establish comprehensive airport zoning regulations in accordance with the laws of
this state. For the purpose of this chapter, a regional airport authority has the same

powers as all other political subdivisions to adopt and enforce comprehensive airport
zoning regulations under the laws of this state.
5. To acquire, by purchase, gift, devise, lease, eminent domain proceedings or otherwise,
existing airports, provided an authority may not acquire or take over any airport owned
or controlled by another authority, a municipality, or public agency of this or any other
state without the consent of the authority, municipality, or public agency.
6. To establish or acquire and maintain airports in, over, and upon any public waters of
this state, and any submerged lands under such public waters; and to construct and
maintain terminal buildings, landing floats, causeways, roadways, and bridges for
approaches to or connecting with any airport, and landing floats and breakwaters for
the protection of an airport.
7. To establish toll access roadways leading to air carrier terminal buildings. The toll
access charge may not exceed one dollar per vehicle.
### § 2-06-08. Eminent domain.

In the acquisition of property by eminent domain proceedings authorized by this chapter, an
airport authority shall proceed in the manner provided by chapter 32-15 and other applicable
laws. An airport authority may use eminent domain to acquire property acquired by its current
owner by eminent domain proceedings. The authority may enter land to make surveys and
examinations related to eminent domain proceedings as long as doing so results in no
unnecessary damage. Notwithstanding the provisions of any other statute, an authority may
take possession of any property to be acquired by eminent domain proceedings at any time
after the commencement of the proceedings. The authority may abandon the proceedings at
any time before final order and decree of the court having jurisdiction of the proceedings,
provided the authority is liable to the owner of the property for any damage done to the property
during possession by the authority.
### § 2-06-09. Disposal of airport property.

Except as limited by any grant, loan, or agreement authorized by section 2-06-13, an
authority may, by sale, lease, or otherwise, dispose of any airport or other property interest
acquired under this chapter. The disposal by sale, lease, or otherwise must be in accordance
with the laws of this state governing the disposition of other public property, except that in the
case of disposal to another authority, a municipality or an agency of the state or federal
government for use and operation as a public airport, the sale, lease, or other disposal may be
effected in the manner the commissioners of the authority deem in the best interest of civil
aviation.
### § 2-06-10. Bonds and other obligations.

1. An authority may borrow money and issue bonds for any of its corporate purposes,
including refunding bonds, in the form and upon the terms as it chooses, payable out
of any revenues of the authority, including grants or contributions from the federal
government or other sources. The bonds may be sold at not less than ninety-eight
percent of par plus the interest accrued on the bonds to the date of the delivery.
2. Bond issues sold at private sale must bear interest at a rate or rates and be sold at a
price resulting in an average net interest cost not exceeding twelve percent per
annum. There is no interest rate ceiling on those issues sold at public sale or to the
state or any of its agencies or instrumentalities.
3. Any bonds issued under this chapter by an authority, or by a governing body
exercising the powers of an authority, are payable, as to principal and interest, solely
from revenues of an airport and must so state on their face, but if any issue of bonds
constitutes an indebtedness within the meaning of any constitutional or statutory debt
limitation or restriction, each bond of the issue is, subject to the requirements of
subsection 9, an equally valid and binding special obligation of the authority or
municipality, in accordance with its terms, in an amount proportionate to the total
amount of the issue which is within the limitation or restriction. Neither the

commissioners of an authority nor the governing body of a municipality nor any person
executing the bonds is liable personally by reason of the issuance, except to the extent
the bonds, if constituting an indebtedness, exceed any applicable limitation or
restriction.
4. If any commissioners or officers of an authority or municipality whose signatures
appear on any bonds or coupons ceases to be a commissioner or officer after
authorization but before the delivery of the bonds, the signature of the commissioner
or official remains valid and sufficient for all purposes, the same as if the commissioner
or officer had remained in office until delivery. Any law to the contrary notwithstanding,
any bonds issued under this chapter are fully negotiable.
5. Any bond reciting in substance that it has been issued by the authority or municipality
under this chapter and for a purpose authorized by this chapter must be deemed, in
any suit, action, or proceeding involving the validity or enforceability of the bond or the
security for the bond, to have been issued under this chapter and for that purpose.
6. Bonds issued by an authority or municipality under this chapter are declared to be
issued for an essential public and governmental purpose and, together with interest on
the bonds, and income from the bonds, are exempt from all taxes.
7. For the security of any such bonds, the authority or municipality may by resolution
enter any covenant, agreement, or indenture authorized to be made as security for
revenue bonds issued under chapter 40-35. The sums required to pay principal and
interest and to create and maintain a reserve for the bonds may be made payable from
any revenues referred to in this chapter, before the payment of current costs of
operation and maintenance of the facilities.
8. The governing body of a municipality that issues revenue bonds under this chapter
shall levy a general tax upon all taxable property in the municipality for the payment of
any deficiency in airport authority funds to pay principal or interest due for the bonds
before August 1, 2015, and made payable from revenues of an airport authority. The
governing body of the municipality may levy a general tax upon all taxable property in
the municipality for the payment of any deficiency that is likely to occur within one year
in airport authority funds to pay principal or interest due for revenue bonds issued
under this chapter before August 1, 2015, and made payable from revenues of an
airport authority. The taxes levied by the municipality under this subsection are not
subject to any limitation of rate or amount applicable to other municipal taxes.
9. Revenue bonds issued by an airport authority after July 31, 2015, must include the
commitment of the municipality for the payment of any deficiency in airport authority
funds to pay principal or interest due for revenue bonds as provided in this subsection.
The governing body of the municipality shall levy a general tax upon all taxable
property in the municipality for the payment of any deficiency in airport authority funds
to pay principal or interest due for revenue bonds issued under this chapter after
July 31, 2015, and made payable from revenues of an airport authority. The governing
body of the municipality may levy a general tax upon all taxable property in the
municipality for the payment of any deficiency that is likely to occur within one year in
airport authority funds to pay principal or interest due for revenue bonds issued under
this chapter after July 31, 2015, and made payable from revenues of an airport
authority. The taxes levied by the municipality under this subsection are not subject to
any limitation of rate or amount applicable to other municipal taxes. The commitment
of the municipality and the issuance of the bonds must be approved by a majority vote
of the governing body of each municipality involved or, upon placement of the question
on the ballot at a primary, general, or special election, by approval of a majority of the
qualified electors of the municipalities voting on the question.
### § 2-06-11. Operation and use privileges.

1. a. In connection with the operation of an airport owned or controlled by an authority,
the authority may enter contracts, leases, and other arrangements for terms not
to exceed thirty years with any persons:

(1) Granting the privilege of using or improving the airport or any portion or
facility of the airport for commercial purposes;
(2) Conferring the privilege of supplying goods, commodities, things, services,
or facilities at the airport; and
(3) Making available services to be furnished by the authority or its agents at
the airport.
b. In each case the authority may establish the terms and conditions and fix the
charges, rentals, or fees for the privileges or services, which must be reasonable
and uniform for the same class or privilege or service and must be established
with due regard to the property and improvements used and the expenses of
operation to the authority. However, the public may not be deprived of its rightful,
equal, and uniform use of the airport or portion of the airport.
2. Except as may be limited by any grant, loan, or agreement authorized by section
2-06-13, an authority may by contract, lease, or other arrangements, upon a
consideration fixed by it, grant to any qualified person for a term not to exceed thirty
years the privilege of operating, as agent of the authority or otherwise, any airport
owned or controlled by the authority. However, the person may not be granted
authority to operate an airport other than as a public airport, and may not enter any
contracts, leases, or other arrangements in connection with the operation of the airport
which the authority might not have undertaken under subsection 1.
### § 2-06-12. Regulations.

An authority may adopt, amend, and repeal any reasonable resolutions, rules, and orders
necessary for the management, government, and use of any airport it owns or controls. An
airport authority may not issue any rule, order, or standard inconsistent with, or contrary to, any
act of the Congress of the United States or any regulation or standard established under federal
law. Each airport authority shall keep on file at the principal office of the authority for public
inspection a copy of all its rules.
### § 2-06-13. Federal and state aid.

1. An authority may accept, receive, receipt for, disburse, and expend federal and state
moneys and other moneys, public or private, made available by grant or loan or both,
to accomplish any of the purposes of this chapter. All federal moneys accepted under
this section must be accepted and expended by the authority upon the terms and
conditions prescribed by the United States and consistent with state law, and all state
moneys accepted under this section must be accepted and expended by the authority
upon the terms and conditions prescribed by the state.
2. An authority may designate the state aeronautics commission as its agent to:
a. Accept, receive, receipt for, and disburse federal and state moneys, and other
moneys, public or private, made available by grant or loan or both, to accomplish
any of the purposes of this chapter; and
b. Contract for and supervise the planning, acquisition, development, construction,
improvement, maintenance, equipment, or operation of any airport.
3. An authority may enter an agreement with the aeronautics commission prescribing the
terms and conditions of the agency in accordance with the terms and conditions
prescribed by the United States, if federal money is involved, and in accordance with
applicable laws of this state. All federal moneys accepted under this section by the
state aeronautics commission must be accepted and transferred or expended by the
commission upon the terms and conditions prescribed by the United States. All
moneys received by the state aeronautics commission under subsection 2 must be
deposited in the state treasury, and unless otherwise prescribed by the agency from
which the moneys were received, must 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 those purposes.

### § 2-06-14. Tax levy may be requested by airport authority or municipality - Financial

report.
An airport authority may request annually from the governing bodies of the municipalities
within the authority, an amount of tax to be levied by each municipality, and the municipalities
may levy the amount requested, under the law authorizing cities and other political subdivisions
of this state to levy taxes for airport purposes. With its levy request under this section, an airport
authority may certify its current and anticipated revenues and resources, any anticipated
revenue shortfall for bonded debt payment, and the amount necessary from its property tax levy
authority for its annual principal and interest payment for bonded debt incurred under this
chapter. If the authority finds the certified amount is necessary for the annual bonded debt
payment, the municipality shall levy for the airport authority not less than the certified amount. In
the year for which the levy is sought, an airport authority that is not a city or county governing
body and which is seeking approval of a property tax levy of a city or county governing body
under this chapter shall file with the auditor of each participating city or county, at a time and in a
format prescribed by the auditors, a financial report for the preceding calendar year showing the
ending balances of each fund held by the airport authority during that year. The levy made may
not exceed the maximum levy permitted by the laws of this state for airport purposes.
The municipality shall collect the taxes levied for an airport authority in the same manner as
other taxes are levied and collected. The proceeds of the taxes must be deposited in a special
account in which other revenues of the authority are deposited, and may be expended by the
authority as allowed under this chapter.
Before the issuance of bonds under section 2-06-10, the airport authority or the
municipality may by resolution provide its commitment under section 2-06-10 that the total
amount of taxes then authorized by law, or such portion as may be specified by the resolution,
will be certified, levied, and deposited annually until the bonds and interest are fully paid.
### § 2-06-15. Tax levy by county, city, or township for airport or airport authority purposes.

A county, city, or township supporting an airport or airport authority may levy up to four mills
for airport or airport authority purposes. If any city or township within the county is levying a tax
for support of an airport or airport authority and the total of the county and city or county and
township levies exceeds four mills, the county tax levy within the city or township levying under
this section must be reduced so the total levy in the city or township does not exceed four mills.
### § 2-06-16. Joint operations.

1. For the purposes of this section, unless otherwise qualified, the term "public agency"
includes municipality and authority, any agency of the state government and of the
United States, and any municipality, political subdivision, and agency of an adjoining
state; and the term "governing body" includes commissioners of an authority, the
governing body of a municipality, and the head of an agency of a state or the United
States if the public agency is not an authority or municipality. All powers, privileges,
and authority granted by this chapter may be exercised by an authority jointly with any
public agency of this state, and jointly with any public agency of any adjoining state or
of the United States to the extent that the laws of the other state or the United States
permit such joint exercise. Any agency of the state government, when acting jointly
with any authority, may exercise all the powers, privileges, and authority conferred by
this chapter upon an authority.
2. Any two or more public agencies may enter agreements with each other for joint action
under this section. Each agreement must specify its duration, the proportionate
interest that each public agency must have in the property, facilities, and privileges
involved in the joint undertaking, the proportion of costs to be borne by each public
agency, and other terms as necessary or required by law. The agreement may provide
for amendments and termination; disposal of the property, facilities, and privileges
jointly owned, before, or at such times as the property, facilities, and privileges cease
to be used for the purposes provided in this chapter, or upon termination of the
agreement; the distribution of the proceeds received upon any disposal, and of any
funds or other property jointly owned; the assumption of payment of any indebtedness

arising from the joint undertaking which remains unpaid upon the disposal of all assets
or upon a termination of the agreement; and other provisions as necessary or
convenient.
3. Public agencies acting jointly under this section shall create a joint board consisting of
members appointed by the governing body of each participating public agency. The
number to be appointed and the term and compensation of the members must be
provided for in the joint agreement. Each joint board shall organize, select officers for
terms that are fixed by the agreement, and adopt and amend rules for its own
procedure. The joint board, as agent of the participating public agencies, may plan,
acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate,
regulate, protect, and police any airport or airport hazard to be jointly acquired,
controlled, and operated, and the participating public agencies may authorize the joint
board to exercise all the powers of the constituent public agencies with respect to the
airport or airport hazard, subject to the limitations of subsection 4.
4. a. The total expenditures to be made by the joint board for any purpose in any
calendar year must be as determined by a budget approved by the constituent
public agencies on or before the preceding December first, or as otherwise
specifically authorized by the constituent public agencies.
b. No airport or airport hazard, or real or personal property, the cost of which is in
excess of sums fixed by the joint agreement or allotted in the annual budget, may
be acquired, established, or developed by the joint board without the approval of
the governing bodies of its constituent public agencies.
c. Subject to chapter 32-15, the joint board may institute eminent domain
proceedings under this section only if the governing bodies of the constituent
public agencies of the joint board authorize the board to do so. If authorized, the
proceedings must be instituted in the names of the constituent public agencies
jointly, and the property acquired must be held by the public agencies as tenants
in common.
d. The joint board may not dispose of any airport or real property under its
jurisdiction except with the consent of the governing bodies of its constituent
public agencies, except the joint board may, without that consent, enter contracts,
leases, or other arrangements contemplated by section 2-06-11.
e. Any resolutions, rules, or orders of the joint board dealing with subjects
authorized by section 2-06-11 become effective only upon approval of the
governing bodies of the constituent public agencies. Upon the approval, the
resolutions, rules, or orders of the joint board have the same effect in the
territories or jurisdictions involved as the ordinances, resolutions, rules, or orders
of each public agency would have in its territory or jurisdiction.
5. The joint board shall create a joint fund for the purpose of providing the joint board with
moneys for necessary expenditures to carry out this section, and into which must be
deposited the share of each of the constituent public agencies as provided by the joint
agreement. Any federal, state, or other grants, contributions, or loans, and the
revenues obtained from the joint ownership, control, and operation of any airport under
the jurisdiction of the joint board must be paid into the joint fund. Disbursements from
the fund must be made by order of the board, subject to the limitations prescribed in
subsection 4.
### § 2-06-17. Public purpose.

The acquisition of any land, or interest therein, pursuant to this chapter, the planning,
acquisition, establishment, development, construction, improvement, maintenance, equipment,
operation, regulation, and protection of airports, including the acquisition or elimination of airport
hazards, and the exercise of any other powers granted to authorities and other public agencies,
to be severally or jointly exercised, are public and governmental functions, exercised for a public
purpose, and matters of public necessity. All land and other property and privileges acquired
and used by or on behalf of any authority or other public agency in the manner and for the

purposes in this chapter are acquired and used for public and governmental purposes and as a
matter of public necessity.
### § 2-06-18. Airport property and income exempt from taxation.

Any property in this state acquired by an authority for airport purposes under this chapter,
and any income derived by the authority from the ownership, operation, or control of the
property, is exempt from taxation to the same extent as other property used for public purpose.
### § 2-06-19. Municipal cooperation.

For the purpose of aiding and cooperating in the planning, undertaking, construction, or
operation of airports under this chapter, any municipality for which an authority has been
created may, with or without consideration:
1. Lend or donate money to the authority.
2. Provide that all revenues received by the municipality for airport purposes, be
transferred, paid, or credited to an airport authority fund. The city auditor or county
treasurer may establish and maintain the fund to account for airport authority revenues
and shall make payments from the fund for invoices submitted and approved by the
governing body of the airport authority. On request of the city auditor or county
treasurer and during an audit, the governing board of the airport authority shall supply
its records on a timely basis. The fund may not revert to the governing body of the
municipality at the end of any fiscal year. The fund must be used exclusively for the
establishment and maintenance of airport facilities.
3. Cause water, sewer, or drainage facilities, or any other facilities that it is empowered to
provide, to be furnished adjacent to or in connection with airports.
4. Dedicate, sell, convey, or lease any of its interest in any property, or grant easements,
licenses, or any other rights or privileges in the property to the authority.
5. Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads,
roadways, and walks from established streets or roads to airports.
6. Do all things not prohibited by law, necessary or convenient to aid and cooperate with
the authority in the planning, undertaking, construction, or operation of airports.
7. Enter agreements with the authority respecting action to be taken by the municipality
under this section.
### § 2-06-20. Out-of-state airport jurisdiction authorized - Reciprocity with adjoining states

and governmental agencies.
1. For the purpose of this section, "governmental agency" means any municipality, city,
county, public corporation, or other public agency.
2. This state or any governmental agency of this state having powers with respect to
planning, establishing, acquiring, developing, constructing, enlarging, improving,
maintaining, equipping, operating, regulating, or protecting airports within this state,
may exercise those powers within any state or jurisdiction adjoining this state, subject
to the laws of that state or jurisdiction.
3. Any state adjoining this state or any governmental agency thereof may plan, establish,
acquire, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and
protect airports within this state, subject to the laws of this state applicable to airports.
Subject to chapter 32-15, the adjoining state or governmental agency has the power of
eminent domain in this state, which must be exercised in the manner provided by the
laws of this state governing condemnation proceedings, except the power of eminent
domain may not be exercised unless the adjoining state authorizes the exercise of that
power in that state by this state or any governmental agency of this state having any of
the powers mentioned in this section.
4. The powers granted in this section may be exercised jointly by two or more states or
governmental agencies, including this state and its governmental agencies, in such
combination agreed upon by them.

### § 2-06-21. Supplemental authority.

In addition to the general and special powers conferred by this chapter, every authority may
exercise powers necessary to the exercise of the authority's general and special powers.
### § 2-06-22. Zoning.

This chapter does not supersede the authority of a municipality to regulate airport hazards
by zoning.
### § 2-06-23. Short title.

Repealed by S.L. 2017, ch. 60, § 24.
