[Rev. 11/21/2013 12:14:05 PM--2013]

CHAPTER 494 - STATE AIRPORTS

NRS 494.010           Short title.

NRS 494.020           Definitions.

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

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

NRS 494.050           Power of State to acquire existing airports.

NRS 494.060           Coordination of air navigation facilities established by State with federal facilities.

NRS 494.070           Eminent domain: Payment of damages and costs of removal and relocation; jurisdiction of court.

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

NRS 494.090           State may contract for use or improvements of state airports and air navigation facilities; terms; conditions.

NRS 494.100           Agent or lessee may operate state airport; limitations.

NRS 494.110           Power to enter into necessary contracts.

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

NRS 494.130           Actions declared to be public and governmental functions.

NRS 494.140           Incidental powers.

NRS 494.150           Provisions of chapter do not limit State’s power to regulate airport hazards.

NRS 494.160           Uniformity of interpretation and construction of chapter.

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      NRS 494.010  Short title.  This chapter may be cited as the State Airports Act.

      [17:246:1949; 1943 NCL § 293.17]

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

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

      2.  “Airport” means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

      3.  “Airport hazard” means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.

      4.  “Person” includes a government, a governmental agency 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 made available for the purposes of this chapter:

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

      (b) To contract or otherwise provide, by condemnation if necessary, for the removal or the relocation of all private structures, railways, mains, pipes, conduits, wires, cables, poles and all other facilities and equipment which may interfere with the location, expansion, development or improvement of such airports, restricted landing areas, and other air navigation facilities, or with the safe approach thereto or takeoff therefrom by 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 other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers and the purchase and sale of supplies, goods and commodities as an incident to the operation of its airport properties.

      2.  For such purposes the State may use any available property 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 airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airport or to permit the 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  Fund for Aviation: Creation; administration by Director of Department of Transportation; 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 trust fund 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 the provisions of subsection 1 must be deposited in the Fund. The money in the Fund may be invested as the money in other state funds is invested. After deducting any applicable charges, all interest and income earned on the money in the Fund must be credited to the Fund. The money in the Fund may be expended only in accordance with the terms and conditions of any gift, bequest, grant, appropriation or donation to the Fund or in the manner provided in subsection 3. Not more than 1 percent of the money in the Fund may be used to pay the costs of administering the Fund.

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

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

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

      4.  The Director shall:

      (a) In adopting regulations pursuant to subsection 3, determine the order of priority for the expenditures from the Fund by considering, 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 the environment, safety, security, infrastructure and capacity of the airport; and

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

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

      6.  The provisions of this section do not apply to an airport, landing area or air navigation facility that is owned or controlled by the Reno-Tahoe Airport Authority or a county whose population is 700,000 or more.

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

      (Added to NRS by 2001, 1238; A 2011, 1291)

      NRS 494.050  Power of State to acquire existing airports.  The State may, by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire existing airports and air navigation facilities; but it shall not acquire or take over any airport or air navigation facility owned or controlled by a county, municipality or public agency of this or any other state without the consent of such municipality, county or public agency.

      [4:246:1949; 1943 NCL § 293.4]

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

      [5:246:1949; 1943 NCL § 293.5]

      NRS 494.070  Eminent domain: Payment of damages and costs of removal and relocation; jurisdiction of court.

      1.  In the acquisition of property by eminent domain proceedings authorized by this chapter, the State shall proceed in the manner provided by chapter 37 of NRS, provided that the 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 relocation of any structure, railways, mains, pipes, conduits, wires, cables, poles or any public utility which is required to be moved to a new location.

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

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

      [6:246:1949; 1943 NCL § 293.6]

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

      1.  The State is authorized:

      (a) To 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, in whole or in part, any of the purposes of this chapter.

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

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

      [7:246:1949; 1943 NCL § 293.7]

      NRS 494.090  State may contract for use or improvements of state airports and air navigation facilities; terms; conditions.

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

      (a) Granting the privilege of using or improving such airport or air navigation facility or any portion or facility thereof or space therein for commercial purposes.

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

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

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

      [8:246:1949; 1943 NCL § 293.8]

      NRS 494.100  Agent or lessee may operate state airport; limitations.  Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to NRS 494.080, the State may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person the privilege of operating, as agent of the State or otherwise, any airport owned or controlled by the State; but no such person shall be granted any authority to operate such an airport other than as a public airport or to enter into any contracts, leases or other arrangements in connection with the operation of the airport which the State might not have undertaken under NRS 494.090.

      [9:246:1949; 1943 NCL § 293.9]

      NRS 494.110  Power to enter into necessary contracts.  The State may enter into any contracts necessary to the execution of the powers granted it for the purposes provided by this chapter.

      [10:246:1949; 1943 NCL § 293.10]

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

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

      2.  Each agreement shall specify:

      (a) Its duration.

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

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

      (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 provisions of this chapter.

      [11:246:1949; 1943 NCL § 293.11]

      NRS 494.130  Actions declared to be public and governmental functions.

      1.  The acquisition of any land or interest therein pursuant to this chapter, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, protection and policing of airports and air navigation facilities, including the acquisition or elimination of airport hazards, and the exercise of any other powers herein granted to the State and other public agencies, to be exercised severally or jointly, are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity.

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

      [12:246:1949; 1943 NCL § 293.12]

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

      [13:246:1949; 1943 NCL § 293.13]

      NRS 494.150  Provisions of chapter do not limit State’s power to regulate airport hazards.  Nothing contained in this chapter shall be construed to limit any right, power or authority of the State to regulate airport hazards by zoning.

      [14:246:1949; 1943 NCL § 293.14]

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

      [15:246:1949; 1943 NCL § 293.15]