Miss. Code Ann. tit. 61 | Title 61 — Aviation

Mississippi Code of 1972 — Title 61. Aviation

Text as published by FindLaw, current as of 2025-01-01.

Miss. Code Ann. § 1-1-9 asserts that copyright in the Mississippi Code of 1972, including catchlines, section numbering, source lines and annotations, is owned by the State of Mississippi.

Chapter 1 Transportation Commission

§ 61-1-1

It is hereby declared that the purpose of this chapter is to further the public interest and aeronautical progress by providing for the protection, promotion and development of aeronautics; by cooperating in effecting a uniformity of the laws relating to the development of aeronautics in the several states; by revising existing statutes relative to the development and regulation of aeronautics so as to grant to a state agency such powers and impose upon it such duties that the state may properly perform its functions relative to aeronautics and effectively exercise its jurisdiction over persons and property within the state, that the state may assist in the promotion of a statewide system of airports, and that the state may cooperate with and assist the political subdivisions of this state in order that those engaged in aeronautics of every character may so engage with the least possible restriction consistent with the safety and the rights of other persons; and by providing for cooperation with the federal authorities in the development of a national system of civil aviation and for the coordination of the aeronautical activities of those authorities and the authorities of this state by assisting in accomplishing the purposes of federal legislation and eliminating costly and unnecessary duplication of functions properly in the province of the federal agencies.

§ 61-1-3

For the purpose of the laws of this state relating to aeronautics the following words, terms and phrases shall have the meanings herein given, unless otherwise specifically defined, or unless another intention clearly appears, or the context otherwise requires:

(a) “Aeronautics” means transportation by aircraft; the operation, construction, repair or maintenance of aircraft, aircraft power plants and accessories; the design, establishment, construction, extension, operation, improvement, repair or maintenance of airports or other air navigation facilities, including, but not limited to, privately-owned airports that are open to the general public and are otherwise eligible to receive federal funds; and air instruction;

(b) “Aircraft” means any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air;

(c) “Public aircraft” means an aircraft exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory or possession of the United States or the District of Columbia, but not including any government-owned aircraft engaged in carrying persons or property for commercial purposes;

(d) “Civil aircraft” means any aircraft other than a public aircraft;

(e) “Airport” means any area of land or water which is designed for the landing and take off of aircraft, whether or not facilities are provided for the shelter, servicing or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, and all appurtenant rights-of-way, whether heretofore or hereafter established;

(f) “Commission” means the Mississippi Transportation Commission;

(g) “State” or “this state” means the State of Mississippi;

(h) “Director” means the Executive Director of the Mississippi Department of Transportation or his designee.

(i) “Air navigation” means the operation or navigation of aircraft in the air space over this state, or upon any airport within this state;

(j) “Operation of aircraft” or “operate aircraft” means the use of aircraft for the purpose of air navigation, and includes the navigation or piloting of aircraft. Any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the operation of aircraft within the meaning of the statutes of this state;

(k) “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee or other similar representative thereof;

(l) “Navigable air space” means air space above the minimum altitudes of flight prescribed by the laws of the United States;

(m) “Municipality” means any county, incorporated city, village or town of this state and any other political subdivision or district in this state which is or may be authorized by law to acquire, establish, construct, maintain, improve and operate airports and other air navigation facilities;

(n) The Mississippi Aeronautics Chart, published annually, will identify “private airport,” and if an airport is open to the public, as determined by the owner, the chart will note “open to the public” under the airport identifier.

The singular shall include the plural, and the plural the singular.

§ 61-1-13

(1) The commission is empowered and directed to encourage, foster and assist in the development of aeronautics in this state, and to encourage the establishment of airports and other air navigation facilities.

(2) The commission may recommend necessary legislation to advance the interests of the state in aeronautics and represent the state in aeronautical matters before federal agencies and other state agencies.

(3) The commission may render financial assistance in the acquisition, development, operation or maintenance of airports out of any monies made available by the Legislature for that purpose. In addition, the commission may render financial assistance for the purpose of providing air-marking and to aid in the establishment, development and maintenance of the Civil Air Patrol Program in Mississippi and the program of other local worthy organizations which tend to promote aeronautics in the state, as the commission, in its discretion, shall deem advisable, out of any funds appropriated by the Legislature for the operation of the commission. All such funds so expended by the commission during each calendar year for such purposes shall be reported to the Governor in the commission's annual report to the Governor as provided in this chapter.

(4) The commission is authorized to buy, own, operate, maintain, lease, charter or rent an aircraft for the use of the commission, and for carrying on the business of the commission only, out of any monies appropriated by the Legislature for the operation and maintenance of the commission.

The commission is further authorized, in its discretion, to obtain and pay the premium on all risk, ground and flight coverage for physical loss or damage coverage upon any aircraft owned by or under the control of the commission.

(5) The commission is authorized to affiliate itself with the National Association of State Aviation Officials and to pay such reasonable fees and dues for membership and services as may be required.

(6) The commission may enter into any contract necessary to the execution of the powers granted it by this chapter but shall have no authority to enter into any contract or agreement binding the State of Mississippi for the payment of any monies which have not been specifically authorized by the Legislature, nor shall it enter into any contract or agreement binding the State of Mississippi, in excess of the powers granted in this chapter.

(7) The commission shall conduct hearings and shall make investigation as it may deem necessary for the purposes of determining the location, type of construction and the cost to the State of Mississippi of maintenance of emergency and all other classes of airports owned, operated or directly financed in whole or in part by the state within the State of Mississippi. It shall render assistance within its power, not inconsistent with this chapter, to any such subdivisions of the state in procuring such aid as the federal government may grant for the purpose of establishing and maintaining airports.

(8) The commission is hereby given full power and authority to grant permits or franchises to any airline operating wholly intrastate and within the bounds of the State of Mississippi, when proper proof is shown to the commission that the applicant therefor is fit, willing, ready and able to operate said airline under said permit or franchise. The commission is hereby authorized to designate, promulgate and initiate all and any rules, regulations, franchises and directives establishing air lanes governing intrastate air routes for the purpose of commercial scheduled intrastate flights by any person, firm or establishment engaging in the business of commercial intrastate air transportation. All such designated air routes shall conform to the standards prescribed by the federal government and its related agencies.

However, nothing contained in this subsection shall in any way apply to an air carrier operating by authority of a certificate or certificates of public convenience and necessity issued by the Civil Aeronautics Board or any other federal agency authorized to issue such certificates.

§ 61-1-15

(1) Power to issue. The commission may perform such acts, issue and amend such orders, make, promulgate, and amend such reasonable general or special rules, regulations and procedures, and establish such minimum standards consistent with the provisions of this chapter, as it shall deem necessary to carry out the provisions of this chapter and to perform its duties hereunder, all commensurate with and for the purpose of protecting and insuring the general public interest and safety, the safety of persons operating, using or traveling in aircraft or persons receiving instruction in flying or ground subjects pertaining to aeronautics, and the safety of persons and property on land or water, and developing and promoting aeronautics in this state. No rule or regulation of the commission shall apply to airports or air navigation facilities owned or operated by the United States.

(2) Conformity to federal legislation and rules. No rules, regulations, orders or standards prescribed by the commission shall be inconsistent with, or contrary to, any act of the congress of the United States or any regulations promulgated or standards established pursuant thereto.

(3) Filing. The commission shall keep on file with the secretary of state, and at the principal office of the commission, a copy of all its rules and regulations for public inspection.

(4) Distribution. The commission shall provide for the publication and general distribution of all its orders, rules, regulations and procedures having general effect.

§ 61-1-17

The commission is authorized to cooperate with the government of the United States, and any agency or department thereof, in the acquisition, construction, improvement, maintenance and operation of airports and other air navigation facilities in this state, and to comply with the provisions of the laws of the United States and any regulations made thereunder for the expenditure of federal monies upon such airports and other air navigation facilities.

§ 61-1-19

The commission is authorized to accept, receive, and receipt for federal monies and other monies, either public or private, for and in behalf of this state, or any municipality thereof, when authorized by the municipality to do so, for the acquisition, construction, improvement, maintenance, and operation of airports and other air navigation facilities, whether such work is to be done by the state or by such municipalities or any other political subdivision of the State of Mississippi aided by grants of aid for the United States, upon such terms and conditions as are or may be prescribed by the laws of the United States and any rules or regulations made thereunder. The commission is authorized to act as agent of any municipality or other person or persons in accepting, receiving, and receipting for such monies in its behalf for airports or other air navigation facility purposes, and in contracting for the acquisition, construction, improvement, maintenance, or operation of airports or other air navigation facilities, financed either in whole or in part by federal monies. The governing body of any such municipality or other person or persons is authorized to designate the commission as its agent for such purposes and to enter into an agreement with it prescribing the terms and conditions of such agency in accordance with federal laws, rules and regulations and with this chapter. Such monies as are paid over by the United States government shall be retained by the state or paid over to said municipalities or other person or persons under such terms and conditions as may be imposed by the United States government in making such grants.

§ 61-1-21

All contracts for the acquisition, construction, improvement, maintenance, and operation of airports, or other air navigation facilities made by the commission, either as the agent of this state or as the agent of any municipality or other person or persons, shall be made pursuant to the laws of this state governing the making of like contracts. However, where the acquisition, construction, improvement, maintenance, and operation of any airport, landing strip, or other air navigation facility is financed wholly or partially with federal money, the commission, as agent of the state or any municipality or other person or persons thereof, may let contracts in the same manner prescribed by the federal authorities, acting under the laws of the United States, and any rules or regulations made thereunder, notwithstanding any other state law to the contrary.

§ 61-1-23

All monies accepted for disbursement by the commission pursuant to Section 61-1-19 shall be deposited in the state treasury, and unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which the monies were made available, and held by the state in trust for such purposes. All monies are hereby appropriated for the purposes for which the same were made available, to be expended in accordance with federal laws and regulations and with this chapter. The commission is authorized, whether acting for this state or as the agent of any of its municipalities or other person or persons, or when requested by the United States government or any agency or department thereof, to disburse such monies for the designated purposes, but this shall not preclude any other authorized method of disbursement.

§ 61-1-31

(1) Site approvals. Except as provided in this section, the commission is authorized to provide for the approval of airport sites and the issuance of certificates of such approvals. No charge shall be made for any such approval, and certificates of such an approval shall be issued without charge to all persons requesting them. Upon the promulgation of a rule or regulation providing for such approvals, any municipality or person desiring or planning to construct or establish an airport may, prior to the acquisition of the site or prior to the construction or establishment of the proposed airport, make application to the commission for approval of this site. The commission shall, with reasonable dispatch, grant approval of a site if it is satisfied: (a) that the site is adequate for the proposed airport; (b) that such proposed airport, if constructed or established, will conform to minimum standards of safety; and (c) that safe air traffic patterns could be worked out for such proposed airport and for all existing airports and approved airport sites in its vicinity. An approval of a site may be granted subject to any reasonable conditions which the commission may deem necessary to effectuate the purposes of this section, and shall remain in effect, unless sooner revoked by the commission, until a license for an airport located on the approved site has been issued pursuant to this section. The commission may, after notice and opportunity for hearing to holders of certificates of an approval, revoke such approval when it shall reasonably determine (1) that there has been an abandonment of the site as an airport site, or (2) that there has been a failure within the time prescribed, or if no time was prescribed, within a reasonable time, to develop the site as an airport or to comply with the conditions of the approval, or (3) that because of change of physical or legal conditions or circumstances the site is no longer usable for the aeronautical purposes for which the approval was granted. No approval shall be required for the site of any existing airport.

(2) Optional public hearings. In connection with the grant of approval of a proposed airport site or the issuance of an airport license under the provisions of this section, the commission may, on its own motion or upon the request of an affected or interested person, hold a hearing open to the public as provided in this section.

(3) Exemptions. The provisions of this section shall not apply to airports owned or operated by the United States or its agencies. The commission may, from time to time, to the extent necessary, exempt any other class of airports, pursuant to a reasonable classification or grouping, from any rule or regulation promulgated under this section or from any requirement of such a rule or regulation, if it finds that the application of such rule, regulation or requirement would be an undue burden on such class and is not required in the interest of public safety.

§ 61-1-33

No municipality in this state, whether acting alone or jointly with another municipality, or with the state, shall submit to any federal agency or department of the United States any project application under the provisions of any act of Congress which provides airport planning funds or airport construction and development funds for the expansion and improvement of the airport system unless the project and project application have been first approved by the Mississippi Transportation Commission.

§ 61-1-35

The commission, any member thereof, the director or any officer or employee of the commission designated by it, shall have the power to hold investigations, inquiries and hearings concerning matters covered by the provisions of this chapter and the rules, regulations and orders of the commission, and concerning accidents in aeronautics within this state. Hearings shall be open to the public, and, except as provided in this chapter, shall be held upon such call or notice as the commission shall deem advisable. Each member of the commission, the director and every officer or employee of the commission designated by it to hold any inquiry, investigation or hearing shall have the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, and order the attendance and testimony of witnesses and the production of papers, books and documents. In case of the failure of any person to comply with any subpoena or order issued under the authority of this section, the commission or its authorized representative may invoke the aid of any court of this state of general jurisdiction. The court may thereupon order such person to comply with the requirements of the subpoena or order or to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as a contempt thereof.

§ 61-1-37

In order to facilitate the making of investigations by the commission in the interest of public safety and promotion of aeronautics, the public interest requires, and it is therefor provided, that the reports of investigations or hearings or any part thereof, shall not be admitted in evidence or used for any purpose in any suit, action or proceeding growing out of any matter referred to in said investigation, hearing or report thereof, except in case of any suit, action or proceeding, civil or criminal, instituted by or in behalf of the commission or in the name of the state under the provisions of this chapter or other laws of the state relating to aeronautics. No member of the commission, or the director, or any officer or employee of the commission shall be required to testify to any facts ascertained in, or information gained by reason of, his official capacity, or be required to testify as an expert witness in any suit, action or proceeding involving any aircraft. Subject to the foregoing provisions, the commission may in its discretion make available to appropriate federal, state and municipal agencies information and material developed in the course of its investigations and hearings.

§ 61-1-39

The commission is authorized to confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under this chapter, or relating to the sound development of aeronautics.

The commission is authorized to avail itself of the cooperation, services, records and facilities of the agencies of the United States as fully as may be practicable in the administration and enforcement of this chapter. The commission shall furnish to the agencies of the United States its cooperation, services, records and facilities, insofar as may be practicable.

The commission shall report to the appropriate agency of the United States all accidents in aeronautics in this state of which it is informed, and shall insofar as is practicable preserve, protect and prevent the removal of the component parts of any aircraft involved in an accident being investigated by it until the federal agency institutes an investigation.

§ 61-1-41

In carrying out the provisions of this chapter the commission may use the facilities and services of other agencies of the state and of the municipalities of the state to the utmost extent possible. Such agencies and municipalities are authorized and directed to make available their facilities and services.

§ 61-1-43

It shall be the duty of the commission, its members, the director, officers and employees of the commission, and every state and municipal officer charged with the enforcement of state and municipal laws, to enforce and assist in the enforcement of this chapter and of all rules, regulations and orders issued pursuant thereto and of all other laws of this state relating to aeronautics. In that connection each of the aforesaid persons is authorized to inspect and examine at reasonable hours any premises, and the buildings and other structures thereon, where airports, air navigation facilities, air schools, or other aeronautical activities are operated or conducted. In aid of the enforcement of this chapter, the rules, regulations and orders issued pursuant thereto and of all other laws of the state relating to aeronautics, general police powers are hereby conferred upon the commission, each of its members, the director, and such of the officers and employees of the commission as may be designated by it to exercise such powers.

The commission is authorized, in the name of the state, to enforce the provisions of this chapter and the rules, regulations and orders issued pursuant thereto by injunction or other legal process in the courts of this state.

§ 61-1-45

Every order of the commission requiring performance of certain acts or compliance with certain requirements, and every denial or revocation of an approval, certificate or license, shall set forth the reasons and shall state the acts to be done or requirements to be met before approval by the commission will be given or the approval, license or certificate granted or restored or the order modified or changed. Orders issued by the commission pursuant to the provisions of this chapter shall be served upon the persons affected either by registered mail or in person. In every case where notice and opportunity for hearing are required under the provisions of this chapter the order of the commission shall, on not less than thirty days' notice, specify a time when and place where the person affected may be heard, or the time within which he may request hearing. Such order shall become effective upon the expiration of the time for exercising such opportunity for hearing, unless a hearing is held or requested within the time provided, in which case the order shall be suspended until the commission shall affirm, disaffirm or modify such order after hearing held or default by the person affected. To the extent practicable, hearings on such orders shall be held in the county where the affected person resides or does business. Any person aggrieved by an order of the commission or by the grant, denial or revocation of any approval, license or certificate may have the action of the commission reviewed by the circuit court of Hinds County, Mississippi, on appeal thereto.

§ 61-1-47

Any person violating any of the provisions of this chapter or any of the rules, regulations or orders issued pursuant thereto, shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment of more than six (6) months, or both.

For any violation of the provisions of this chapter, in addition to, or in lieu of, the penalties provided by the first paragraph of this section, or as a condition to the suspension of a sentence which may be imposed pursuant thereto, the court, in its discretion, may prohibit the violator from operating an aircraft within the state for such period as it may determine but not to exceed one year. Violation of the duly imposed prohibition of the court may be treated as a separate offense under this section or as a contempt of court. Upon a plea of guilty or conviction hereunder in any case involving a registrant, under the provisions of this chapter, the court shall cause a notation of such plea or conviction and of the sentence imposed to be marked upon the pilot certificate or other evidence of pilot registration or receipt provided by the commission under the provisions of this chapter and the court shall cause a copy of its order or sentence to be forwarded to the commission, the cost of furnishing same to be added as a part of cost in such cause. In no event shall this paragraph be construed as warrant for the court or any other agency or person to take away, impound, hold or mark any federal airman or aircraft certificate, permit, rating or license, or to take away, impound or hold any state registration certificate or other evidence of such registration.

§ 61-1-49

The commission is authorized to report to the appropriate federal agencies and agencies of other states all proceedings instituted charging violation of the provisions of this chapter and all penalties, of which it has knowledge, imposed upon airmen or the owners or operators of aircraft for violations of the law of this state relating to aeronautics or for violations of the rules, regulations or orders of the commission. The commission is authorized to receive reports of penalties and other data from agencies of the federal government and other states, and when necessary, to enter into agreements with federal agencies and the agencies of other states governing the delivery, receipt, exchange and use of reports and data. The commission may make the reports and data of the federal agencies, the agencies of other states, and the courts of this state available, with or without request therefor, to any and all courts of this state, and to any officer of the state or of a municipality authorized pursuant to the provisions of this chapter to enforce the aeronautics laws.

Chapter 3 Airport Authorities

§ 61-3-1

This chapter may be cited as the “Airport Authorities Law.”

§ 61-3-3

The following words or terms, whenever used or referred to in this chapter, shall have the following respective meanings unless different meanings clearly appear from the context:

(a) “Airport” means any area of land or water which is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, or for other appropriate purposes, including buffer areas and areas for airport compatible development, together with all buildings and facilities located thereon.

(b) “Airport-related contracts, leases and other arrangements” means any leases, contracts or other arrangements entered into by an authority in accordance with Section 61-3-21 other than any:

(i) Unrelated contracts, leases and other arrangements, as defined in this section; and

(ii) Leases, contracts or other arrangements related primarily to buffer areas or other such areas for airport compatible development and any buildings or facilities located thereon.

(d) “Airport hazard” means any structure, object or 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.

(e) “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.

(f) “Bonds” means any bonds, notes, interim certificates, debentures or similar obligations issued by an authority pursuant to this chapter.

(g) “Governing body” means the official or officials authorized by law to exercise ordinance or other lawmaking powers of a municipality.

(h) “Local government” means any local governmental unit as defined in Section 17-13-5.

(i) “Municipal airport authority” or “municipal authority” means a municipal airport authority created pursuant to the provisions of Section 61-3-5 or 61-3-6.

(j) “Municipality” means any county, supervisors district or supervisors districts, or all that portion of the county lying outside the territorial boundaries of any named city, town or village, and a city, town and village of this state or any state-supported institution of higher learning or any public community or junior college.

(k) “Person” means any individual, firm, partnership, corporation, company, association, joint-stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.

(l) “Regional airport authority” or “regional authority” means a regional airport authority created pursuant to the provisions of Section 61-3-7.

(m) “Unrelated contracts, leases and other arrangements” means any lease, contract or other arrangement entered into by the authority in accordance with Section 61-3-21 pursuant to which the current, primary use of the structures, improvements or other facilities erected, installed, constructed or located in connection therewith are substantially unrelated to the support of the following airport-related activities:

(i) The taking off and landing of commercial and private aircraft at the airport or air navigation facility;

(ii) The maintenance or repair of commercial or private aircraft taking off and landing at the airport or air navigation facility;

(iii) The storage, via hanger or otherwise, of commercial or private aircraft taking off and landing at the airport or air navigation facility;

(iv) The shipping or transporting of freight by aircraft at the airport or air navigation facility;

(v) The provision of ground and air transportation services to commercial or private aircraft passengers;

(vi) The supplying of goods, commodities, things, services or facilities primarily:

To commercial and private aircraft taking off and landing at the airport or air navigation facility; or
Within the airport terminal building to commercial or private aircraft passengers in the process of traveling on such aircraft.

(vii) Any fixed base operator activities providing aviation services at the airport or air navigation facility.

§ 61-3-5

Any municipality or a state-supported institution of higher learning or a public community or junior college, by resolution, may create a public body, corporate and politic, to be known as a municipal airport authority, which shall be authorized to exercise its functions upon the appointment and qualification of the first commissioners thereof. Upon the adoption of a resolution creating a municipal airport authority, the governing body of the municipality or of the state-supported institution of higher learning or other public community or junior college, pursuant to the resolution, shall appoint five (5) persons as commissioners of the authority. The commissioners who are first appointed shall be designated to serve for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively. Thereafter, each commissioner shall be appointed for a term of five (5) years, except that vacancies occurring otherwise than by the expiration of term shall be filled for the unexpired term in the same manner as the original appointments. This section shall not apply to the airport authority created in Section 61-3-6.

§ 61-3-6

(1) The Jackson Metropolitan Area Airport Authority is created and established and full power is vested in the authority to manage, control and enforce all necessary and beneficial matters pertaining to the operation of Jackson-Medgar Wiley Evers International Airport and Hawkins Field Airport. The authority shall have the same powers and duties as a municipal airport authority under this chapter and any other laws pertaining to municipal airport authorities except in respect to the sale or disposal of real property prohibited under subsection (5)(a) of this section.

(2) The Jackson Metropolitan Area Airport Authority shall consist of the following nine (9) commissioners:

(a) The Adjutant General of the Mississippi National Guard, or his designee;

(b) The Executive Director of the Mississippi Development Authority, or his designee;

(d) One (1) commissioner appointed by the City Council of the City of Jackson appointed for an initial term of two (2) years;

(e) One (1) commissioner appointed by the Board of Supervisors of Madison County appointed for an initial term of three (3) years;

(f) One (1) commissioner appointed by the Board of Supervisors of Rankin County appointed for an initial term of four (4) years;

(g) Two (2) commissioners appointed by the Governor from the City of Jackson appointed for terms of (5) years one of whom shall be the holder of a valid pilot's license or certification issued by the Federal Aviation Administration; and

(h) One (1) commissioner appointed by the Lieutenant Governor from the City of Jackson appointed for a term of five (5) years.

(3) Unless otherwise provided in subsection (2) of this section, commissioners appointed under paragraphs (c) through (h) of subsection (2) of this section shall be persons with at least ten (10) years' experience as a certified public accountant or charter financial analyst, business owners with at least ten (10) years' experience in executive management, persons with at least ten (10) years' experience in the aviation industry, persons with at least ten (10) years' experience in economic development, attorneys with at least ten (10) years' experience in commercial law, construction law or aviation law, persons who have been holders of a pilot's license or certification issued by the Federal Aviation Administration for at least ten (10) years, persons with at least ten (10) years' experience in dealing with public financing transactions, or persons holding certificates of registration as a professional engineer with at least ten (10) years' experience in the practice of engineering.

(4) After the initial terms, commissioners shall be appointed in the same manner as the original appointment for terms of five (5) years or until their successor is appointed and qualified. Vacancies occurring other than the expiration of a term shall be filled for the unexpired term in the same manner as the original appointment.

(5)(a) Upon review and approval by the Federal Aviation Administration (FAA) of the Jackson Metropolitan Area Airport Authority as an eligible airport sponsor and the FAA's review and approval of the issuance of an airport operating certificate under 14 CFR part 139 with respect to the Jackson-Medgar Wiley Evers International Airport, the Jackson Municipal Airport Authority is abolished, and all powers and duties, airport equipment, buildings, facilities, inventories, records, personnel, resources and all other property, real or personal, tangible or intangible, including any pertaining to or generated from revenues of the airport, are transferred to the Jackson Metropolitan Area Airport Authority. The Jackson Metropolitan Area Airport Authority may not, by sale or otherwise, dispose of any real property acquired by transfer in accordance with this paragraph (a) or subsequently acquired by the authority.

(b) Upon the transfer required by paragraph (a) of this subsection, the Jackson Metropolitan Area Airport Authority shall assume all obligations of the Jackson Municipal Airport Authority pertaining to the airport that are in effect at the time of the transfer.

§ 61-3-7

(1) Two (2) or more municipalities or two (2) or more municipalities and any state-supported institution of higher learning or a public community or junior college, by resolution of each, may create a public body, corporate and politic, to be known as a regional airport authority which shall be authorized to exercise its functions upon the issuance by the Secretary of State of a certificate of incorporation. The governing body of each municipality, the institution of higher learning or the public community or junior college, pursuant to its resolution, shall appoint one (1) person as a commissioner of the authority. However, if the regional airport authority consists of an even number of participants, which include two (2) or more municipalities or two (2) or more municipalities and a state institution of higher learning or a public community or junior college, an additional commissioner shall be appointed by the Governor. Such additional commissioner shall be a resident of a county other than the counties of the participating municipalities but contiguous to at least one (1) of such counties.

(2) A regional airport authority may be increased from time to time to serve one or more additional municipalities if each additional municipality and each of the municipalities and the institution of higher learning or the public community or junior college then included in the regional authority and the commissioners of the regional authority, respectively, adopt a resolution consenting thereto. If a municipal airport authority for any municipality seeking to be included in the regional authority is then in existence, the commissioners of the municipal authority shall consent to the inclusion of the municipality, institution of higher learning or the public community or junior college in the regional authority, and if the municipal authority has any bonds outstanding, unless the holders of fifty-one percent (51%) or more in amount of the bonds consent, in writing, to the inclusion of the municipality in the regional authority, no such inclusion shall be effected. Upon the inclusion of any municipality, institution of higher learning or the public community or junior college in the regional authority, all rights, contracts, obligations and property, real and personal, of the municipal authority shall be in the name of and vest in the regional authority.

(3) A regional airport authority may be decreased if each of the municipalities and the institution of higher learning or the public community or junior college then included in the regional authority and the commissioners of the regional authority consent to the decrease and make provision for the retention or disposition of its assets and liabilities. However, if the regional authority has any bonds outstanding, no decrease shall be effected unless seventy-five percent (75%) or more of the holders of the bonds consent thereto in writing.

(4) If a municipality so elects, it may share its commissioner position with another municipality that is not then a participant in the regional authority. In order to do so, the initiating and participating municipalities, and the joining municipality, all other municipalities participating at that time, and the commissioners of the regional authority, must adopt resolutions consenting to the sharing of the position. The initiating municipality and the joining municipality must reach an agreement to jointly determine the method for the appointment of their joint commissioner. Upon the adoption of the resolutions of authorization and the execution of the agreement between the participating and joining municipalities, the joint commissioner shall have the same powers, authority, duties and obligations otherwise vested in commissioners of the regional authority.

(5) A municipality, institution of higher learning or public community or junior college shall not adopt any resolution authorized by this section without a public hearing thereon. Notice thereof shall be given at least ten (10) days before the hearing in a newspaper published in the municipality, in the institution of higher learning or in the public community or junior college, or if there is no newspaper published therein, then in a newspaper having general circulation in the municipality, in the institution of higher learning or in the public community or junior college.

(6) At the expiration of the term of all commissioners serving as of January 1, 1978, the airport authority shall effect staggered terms by the drawing of lots and reporting thereon to appointing authorities. The commissioners shall be designated to serve for terms of one (1) year, two (2) years, three (3) years, four (4) years and so forth depending upon the number of participating appointing authorities. Thereafter, each commissioner shall be appointed for a term of five (5) years except that vacancies occurring otherwise than by expiration of terms shall be filled for the unexpired term in the same manner as the original appointment.

§ 61-3-8

A regional airport authority located outside of municipal boundaries and that is within two (2) or more judicial districts may, in its discretion, adopt a resolution declaring which judicial district shall govern the regional airport authority. Upon adoption of the resolution, the regional airport authority shall be governed by all laws, regulations, rules and ordinances applicable to the judicial district.

§ 61-3-9

Upon the appointment and qualification of the commissioners first appointed to a regional airport authority, they shall submit to the secretary of state a certified copy of each resolution adopted pursuant to subsection (1) of Section 61-3-7 by the municipalities included in the regional authority. Upon receipt thereof, the secretary of state shall issue a certificate of incorporation to the regional airport authority.

When a regional airport authority is increased or decreased pursuant to subsections (2) and (3) of Section 61-3-7, it shall forward to the secretary of state a certified copy of each resolution adopted pursuant thereto and, upon receipt thereof, the secretary of state shall issue an amended certificate of incorporation in accordance therewith.

§ 61-3-11

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a municipal airport authority, created pursuant to Section 61-3-5, the municipal authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers upon proof of the adoption by the municipality of the resolution creating the municipal airport authority and of the appointment and qualification of the first commissioners thereof. Duly certified copies of the resolution creating the authority and of the certificates of appointment of the commissioners shall be admissible in evidence in any suit, action, or proceeding.

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a regional airport authority, such regional airport authority shall be conclusively deemed to have become established and authorized to transact its business and exercise its powers upon proof of the issuance by the secretary of state of a certificate of incorporation of such regional airport authority. A copy of such certificate of incorporation, duly certified by the secretary of state, shall be admissible in evidence in any suit, action, or proceeding.

§ 61-3-13

(1) Each commissioner of a regional or municipal airport authority may receive from that airport authority per diem compensation in the amount provided by Section 25-3-69 for each day or fraction of a day engaged in attendance of meetings of the authority or engaged in other official duties of the authority, not to exceed one hundred twenty (120) days in any one (1) year, and may receive from the airport authority actual traveling expenses incurred in the discharge of his duties. Each commissioner shall hold office until his successor has been appointed and has qualified. The certificates of the appointment and reappointment of commissioners shall be filed with the authority.

(2) The powers of each authority shall be vested in the commissioners of that authority. A majority of the commissioners of an authority shall constitute a quorum for the purpose of conducting the business of the authority and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of not less than a majority of the commissioners present. There shall be elected a chairman and vice chairman from among the commissioners.

(3) The commissioners of an authority shall designate an executive director, who shall be the chief executive officer of the authority and shall perform those duties as are required by law and any other duties as may be assigned by the commissioners. The commissioners may designate the executive director as the purchasing agent of the authority. If so designated, the executive director shall have the authority of the purchasing agent of a state agency under Section 31-7-13.

§ 61-3-15

An authority shall have all the powers necessary or convenient to carry out the purposes of this chapter (excluding the power to levy and collect taxes or special assessments) including, but not limited to, the power:

(a) To sue and be sued, to have a seal and to have perpetual succession.

(b) To purchase general liability insurance coverage, including errors and omissions insurance, for its officials and employees.

(c) To employ an executive director, secretary, technical experts, and such other officers, agents and employees, permanent and temporary, as it may require, and to determine their qualifications and duties, and to establish compensation and other employment benefits as may be advisable to attract and retain proficient personnel. For regional airport authorities organized under Section 61-3-7, such employment benefits may include payment for all or part of dependent health insurance coverage.

(d) To execute such contracts and other instruments and take such other action as may be necessary or convenient to carry out the purposes of this chapter.

(e) To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate and protect airports and air navigation facilities within this state and within any adjoining state, including the acquisition, lease, lease-purchase, construction, installation, equipment, maintenance and operation of such airports or buildings, equipment and other facilities or other property for the servicing of aircraft or for the comfort and accommodation of air travelers or for any other purpose deemed by the authority to be necessary to carry out its duties; to develop, operate, manage or own and maintain intermodal facilities to serve air and surface cargo and multimodal facilities to serve highway and rail passenger transportation needs to ensure interface and interaction between modes for cargo and passengers; to construct, improve, and maintain means of ingress and egress to airport properties from and over off-airport sites with approval of the city or county in which the off-airport site is located; to market, promote and advertise airport properties, goods and services; and to directly purchase and sell supplies, goods and commodities incident to the operation of its airport properties without having to make purchases thereof through the municipal governing authorities, and with the authority to utilize design-build and construction manager at-risk methods of construction in accordance with Sections 31-7-13.1 and 31-7-13.2. For all the previously stated purposes, an authority 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 the removal, elimination, obstruction-marking or obstruction-lighting of airport hazards, to prevent the establishment of airport hazards or to carry out its duties.

(f) To acquire, by purchase, gift, devise, lease, lease-purchase, eminent domain proceedings or otherwise, existing airports and air navigation facilities. However, an authority shall not acquire or take over any airport or air navigation facility owned or controlled by another authority, a municipality or public agency of this or any other state without the consent of such authority, municipality or public agency.

(g) 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 such airport, and landing floats and breakwaters for the protection thereof.

(h) To establish, enact and enforce ordinances, rules, regulations and standards for public safety, aviation safety, airport operations and the preservation of good order and peace of the authority; to prevent injury to, destruction of or interference with public or private property; to protect property, health and lives and to enhance the general welfare of the authority by restricting the movements of citizens or any group thereof on the property of the authority when there is imminent danger to the public safety because of freedom of movement thereof; to regulate the entrances to property and buildings of the authority and the way of ingress and egress to and from the same; to establish fire limits and to hire firemen, including aircraft fire and rescue and similar personnel, and to establish and equip a fire department to provide fire and other emergency services on any property of the authority; to regulate, restrain or prohibit construction failing to meet standards established by the authority; to appoint and discharge police officers with jurisdiction limited to property of the airport authority and authorization to enforce the ordinances, rules and regulations of the authority, as well as the laws of the State of Mississippi, and to issue citations for infractions of all of such ordinances, rules, regulations, standards and laws of the State of Mississippi returnable to the court of appropriate jurisdiction.

(i) To develop and operate an industrial park or parks and exercise all authority provided for under Chapter 7, Title 57, Mississippi Code of 1972.

(j) To attach, pursuant to the power and procedure set forth in Chapter 33, Title 11, Mississippi Code of 1972, the equipment of debtors of the authority.

(k) To enter into agreements with local governments pursuant to Section 17-13-1 et seq.

(l) To render emergency assistance to other airports within the United States at an aggregate cost of less than Twenty Thousand Dollars ($20,000.00) per emergency. The assistance authorized in this paragraph must be rendered within ninety (90) days after a state of emergency has been declared by the federal government, or by the local or state government that has jurisdiction over the area where the airport needing assistance is located.

(m) To enter into joint use or similar agreements with any department or agency of the United States of America or the State of Mississippi, including any military department of the United States of America or the State of Mississippi, with respect to the use and operation of, or services provided at, any airport or other property of the authority on the terms and conditions as the authority may deem appropriate, including provisions limiting the liability of the United States of America or the State of Mississippi for loss or damage to the authority if the authority determines that the limitation of liability is reasonable, necessary and appropriate under the circumstances.

(n) To enter into mutual aid agreements with counties and municipalities for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; to participate in the Statewide Mutual Aid Compact (SMAC) in accordance with Section 33-15-19.

§ 61-3-17

In the acquisition of property by eminent domain proceedings authorized by this chapter, an authority shall proceed in the manner provided by Chapter 27 of Title 11, Mississippi Code of 1972, and as elsewhere provided by law. For the purpose of making surveys and examinations relative to eminent domain proceedings, it shall be lawful for the authority to enter upon the land, doing no unnecessary damage. Notwithstanding the provisions of any other statute or other law, an authority may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of such proceedings upon a specific finding by the authority of the public necessity for the immediate acquisition of the property pursuant to Section 11-27-81 et seq., and compliance with all the provisions of Section 11-27-81 et seq., including the provisions for making a deposit. The authority shall not be precluded from abandoning such proceedings at any time prior to final order and decree of the court having jurisdiction of such proceedings. The authority shall be liable to the owner of the property for any damage done to the property during possession thereof by the authority.

§ 61-3-19

(1)(a) Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by Section 61-3-25, an authority may, by sale, lease or otherwise, dispose of any airport, air navigation facility or other property, real or personal, or portion thereof or interest therein, acquired pursuant to this chapter. If Section 29-1-1 is applicable to a sale of real property, the sale shall comply with Section 29-1-1.

(b) If Section 29-1-1 is not applicable, the disposal by sale, lease or otherwise, shall be in accordance with the following procedure. The authority shall find and determine by resolution duly and lawfully adopted and spread upon its minutes that:

(i) The property is no longer needed for authority purposes and is not to be used in the authority's operation;

(ii) There is no state agency, board, commission or any governing authority within the state that has expressed a need or use for the property and the federal government has not expressed a need or use for the property; and

(iii) The use of the property for the purpose for which it is to be sold, leased or otherwise disposed of will promote and foster the development and improvement of the authority or of the community in which it is located and the civic, social, educational, cultural, moral, economic or industrial welfare thereof.

(2) After making the determinations, the authority may sell, lease or otherwise dispose of the property in accordance with applicable law and by any of the following methods:

(a) The authority may sell, lease or otherwise dispose of the property if the consideration is not less than the fair market price for the property as determined by averaging the appraisals of two (2) professional property appraisers selected by the authority and approved by the purchaser or lessee. Appraisal fees shall be shared equally by the authority and the purchaser or lessee.

(b) The authority may sell, lease or otherwise dispose of the property to the highest bidder after publishing at least once each week for three (3) consecutive weeks in a public newspaper published in the county in which the property is located, or if no newspaper is published in the county, then in a newspaper having general circulation therein, the authority's intention to lease, sell or otherwise dispose of the property and to accept sealed competitive bids for the sale, lease or disposal of the property. The authority shall thereafter accept bids for the sale, lease or disposal of the property and shall award the sale, lease or disposal to the highest bidder.

(c) The authority may sell and dispose of personal property at public sale for cash to the highest bidder after publishing at least once each week for three (3) consecutive weeks in a public newspaper published in the county in which the property is located, or if no newspaper is published in the county, then in a newspaper having general circulation therein, the authority's intention to sell and dispose of the personal property at public sale for cash. Any public sale for cash may be conducted by or on behalf of the authority. At the public sale for cash, the personal property shall be sold and disposed of to the highest bidder.

(d) The authority may sell and dispose of personal property by use of an Internet web service available to the public, including, but not limited to, an Internet auction website, for cash or irrevocable electronic transfer of funds, to the highest bidder after publishing at least once each week for three (3) consecutive weeks in a public newspaper published in the county in which the property is located, or if no newspaper is published in the county, then in a newspaper having general circulation therein, the following information:

(i) The authority's intention to sell and dispose of the personal property through use of the Internet web service;

(ii) The location on the Internet website where the personal property will be listed; and

(iii) The listing date and closing date of the Internet sale.

At the Internet sale, the personal property shall be sold and disposed of to the highest bidder; provided, all Internet sales shall comply with federal law. In the event that any Internet sale is not concluded for any reason, the authority may relist and sell the personal property by use of the same Internet web service without the public notice set forth in this paragraph.

Notwithstanding anything herein to the contrary, in the case of a sale, lease or disposal of property 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 thereof may be effected in such manner and upon such terms as the commissioners of the authority may deem to be in the best interest of civil aviation.

(e)(i) The authority may sell or otherwise convey real property thereof to an enterprise operating a project that has been certified by the Mississippi Major Economic Impact Authority as a project as defined in Section 57-75-5(f)(xxxi)1 provided that 1. the consideration for the property is not less than its fair market value as determined by an appraisal performed by a professional appraiser approved by the authority, or 2. the authority receives in exchange for such real property one or more other parcels of real property whose collective fair market value, as determined by an appraisal performed by a professional appraiser approved by the authority, is equal to or greater than the fair market value, as determined by an appraisal performed by a professional appraiser approved by the authority, of the authority's property conveyed to the enterprise operating a project that has been certified by the Mississippi Major Economic Impact Authority as a project as defined in Section 57-75-5(f)(xxxi)1.

(ii) The authority may lease real property thereof to an enterprise operating a project that has been certified by the Mississippi Major Economic Impact Authority as a project as defined in Section 57-75-5(f)(xxxi)1 for a term of up to ninety-nine (99) years pursuant to a lease agreement between the authority and the enterprise, which shall provide that the rental consideration for the lease of the property is not less than the fair market rent for the property as of the commencement of such lease as determined by an appraisal performed by a professional appraiser approved by the authority. Any such lease agreement shall be binding, according to its terms, on future boards of commissioners of the authority for the duration of the lease agreement.

(3) The authority may lease lands owned by the authority for oil, gas and mineral exploration and development upon the terms and conditions and for consideration as the authority shall deem proper and advisable. However, no oil, gas or mineral lease shall be for a primary term of more than ten (10) years and the lease or leases shall provide for annual rentals of not less than One Dollar ($1.00) per acre and shall provide for royalties of not less than three-sixteenths ( 3/16 ) of all oil, gas and other minerals produced, including sulphur. All rentals, royalties or other revenue payable under any lease executed under this section shall be paid to and collected by the authority. The leases shall specifically provide that, in no event, shall any such lease or the exercise of any rights thereunder, interfere with the use of any airport or air navigational facilities for their intended purposes.

(4) Notwithstanding any other provision herein to the contrary, if the authority finds that the fair market value of the personal property is zero (0) and the finding is spread upon the minutes of the authority, then the authority may dispose of such property in the manner it deems appropriate and in its best interest, provided that no official or employee of the authority may derive any personal economic benefit from the disposal of the personal property.

§ 61-3-21

(1) In connection with the operation of an airport or air navigation facility owned or controlled by an authority, the authority may enter into contracts, leases and other arrangements for terms not to exceed fifty (50) years with any persons:

(a) Granting the privilege of using or improving the 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 the airport or air navigation facility; and

In each case the authority 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 which shall be established with due regard to the property and improvements used and the expenses of operation to the authority. In no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility or portion or facility thereof.

(2) Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by Section 61-3-25, Mississippi Code of 1972, 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 fifty (50) years, the privilege of operating, as agent of the authority or otherwise, any airport owned or controlled by the authority. However, no person shall be granted any authority to operate 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 authority might not have undertaken under subsection (1) of this section.

(3) All airport-related contracts, leases and other arrangements entered into pursuant to this section are deemed to serve a public and governmental purpose as a matter of public necessity; therefore, all airport-related contracts, leases, and other arrangements and all structures, improvements and other facilities erected, installed, constructed or located in connection therewith on an airport or air navigation facility owned or controlled by an authority, or any portion of facility thereof or space therein, shall be free and exempt from all state, county and municipal ad valorem taxes on real property and personal property for so long as may otherwise be lawful, and the charges, rentals and fees received by an authority in connection with airport-related contracts, leases and other arrangements shall be deemed to be in lieu of said taxes.

§ 61-3-23

An authority is authorized to adopt, amend, and repeal such reasonable resolutions, rules, regulations, and orders as it shall deem necessary for the management, government, and use of any airport or air navigation facility owned by it or under its control. No rule, regulation, order, or standard prescribed by the commission shall be inconsistent with, or contrary to, this chapter, or any act of the congress of the United States or any regulation promulgated or standard established pursuant thereto. The authority shall keep on file at the principal office of the authority for public inspection a copy of all its rules and regulations.

§ 61-3-24

(1) An authority, at which a commercial airline lands an aircraft operating under its Federal Aviation Administration certificate, shall have a lien upon all aircraft that land at the authority's airport by the airline for the full amount of any landing fees, or other rates and charges previously promulgated by the authority in its rules and regulations, incurred by the airline at the airport by any aircraft operating under the airline's Federal Aviation Administration certificate.

(2) An authority may enforce any lien created herein against a nonresident debtor airline pursuant to the following procedure: a court of appropriate jurisdiction may issue a writ of sequestration, ex parte, against any aircraft operating under the Federal Aviation Administration certificate of the nonresident debtor airline and located at the airport operated by the authority. However, before issuing a writ of sequestration, the court shall find there is prima facie evidence that the nonresident debtor airline is past due on the landing fees or other rates and charges, that the authority has submitted prima facie evidence of exigent circumstances for the issuance of the writ, and that the authority has submitted a corporate surety bond in the amount of one hundred twenty-five percent (125%) of the past-due amount claimed. Upon issuing the writ of sequestration, the court shall grant the nonresident debtor airline an opportunity for an immediate evidentiary hearing to rebut the authority's claim and revoke the writ. The court shall allow the nonresident debtor airline to substitute in place of the sequestered aircraft a corporate surety bond with the court in the amount of one hundred twenty-five percent (125%) of the past-due amount claimed by the authority for the purpose of securing payment.

§ 61-3-25

An authority is authorized to accept, receive, receipt for, disburse, and expend federal and state monies and other monies, 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. All federal monies accepted under this section shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the United States and as are consistent with state law. All state monies accepted under this section shall be accepted and expended by the authority upon such terms and conditions as are prescribed by the state.

An authority is authorized to designate the Mississippi Transportation Commission as its agent to accept, receive, receipt for, and disburse federal and state monies, and other monies, 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, and an authority is authorized to designate such commission as its agent in contracting for and supervising the planning, acquisition, development, construction, improvement, maintenance, equipment or operation of any airport or other air navigation facility. An authority may enter into an agreement with the commission prescribing the terms and conditions of the agency in accordance with such terms and conditions as are prescribed by the United States, if federal money is involved, and in accordance with the applicable laws of this state. All federal monies accepted under this section by the commission shall be accepted and transferred or expended by such commission upon such terms and conditions as are prescribed by the United States. All monies received by the commission pursuant to this paragraph shall be deposited in the State Treasury, and unless otherwise prescribed by the agency from which such monies were received, shall be kept in separate funds designated according to the purposes for which the monies were made available, and held by the state in trust for such purpose.

§ 61-3-27

An authority shall have the power to borrow money for any of its corporate purposes and issue its bonds therefor, including refunding bonds, which bonds may be payable out of any revenues of the authority, including grants or contributions from the federal government or other sources. Any bonds of an authority issued pursuant to this chapter which are payable, as to principal and interest, solely from revenues of an airport or air navigation facility (and they shall so state on their face) shall not constitute a debt of any municipality, the state, or any political subdivision thereof other than the authority, and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the commissioners of an authority nor any person executing such bonds shall be liable personally thereon by reason of the issuance thereof, provided the issuance is in compliance with this chapter.

An authority proposing to issue bonds or notes as defined in this chapter of any kind, nature, or description shall have, prior to authorization, issuance, and subsequent validation thereof, secured the legal services of a competent practicing attorney or firm of attorneys. In no instance shall the attorney's fees paid for the issuance or refunding of such bonds exceed the following amounts, to wit:

On all such bond issues the attorney's fees shall not exceed one percent (1%) of the first five hundred thousand dollars ($500,000.00); one-half percent ( 1/2 %) of all over five hundred thousand dollars ($500,000.00) and not more than one million dollars ($1,000,000.00); and one-fourth percent ( 1/4 %) of all amounts in excess of one million dollars ($1,000,000.00).

§ 61-3-29

The issuance of bonds by an authority shall be authorized by a resolution of the governing body of such authority. Every such resolution shall be adopted by the affirmative vote of at least three-fifths ( 3/5 ) of all the members of such governing body.

A resolution in compliance with this section shall include any covenants with the bondholders deemed necessary by the commissioners to make such bonds secure and marketable, including, but without limitation, covenants regarding the application of the bond proceeds; the pledging, application and securing of the revenues of the authority, the creation and maintenance of reserves; the investment of funds; the issuance of additional bonds; the maintenance of minimum fees, charges and rentals; the operation and maintenance of its airport; insurance and insurance proceeds; accounts and audits; the sale of airport properties; remedies of bondholders; the vesting in a trustee or trustees such powers and rights as may be necessary to secure the bonds and the revenues and funds from which they are payable; the terms and conditions upon which bondholders may exercise their rights and remedies; the replacement of lost, destroyed or mutilated bonds; the definition, consequences and remedies of an event of default; the amendment of such resolution; and the appointment of a receiver in the event of a default.

Upon final enactment, each resolution authorizing bonds shall be published in full.

§ 61-3-31

After the publication of such authorizing resolution or amendatory resolution, if any, the validation of the bonds authorized thereby may be contested only if:

(a) Such bonds were authorized for an objective or purpose for which the political subdivision is not authorized to expend money, or

(b) The provisions of law which should have been complied with, on or before the date of such publication, were not complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after such publication of the resolution authorizing the bonds, or, as to changes made by an amendatory resolution, within twenty days after such publication of such amendatory resolution, or

§ 61-3-33

The determination of the authority, in the resolution authorizing bonds, as to the classification of the project for which such bonds are authorized and as to the maximum period of usefulness, shall be conclusive in any action or proceeding involving the validity of such bonds.

§ 61-3-35

(1) Bonds issued under this chapter may be sold on sealed bids at public sale after publication of at least three (3) weekly notices, published in a financial publication carrying political subdivision bond notices and devoted primarily to financial news or to the subject of state and political subdivision bonds and having circulation among a large number of dealers in political subdivision bonds.

(2) The public notice of sale shall describe the bonds or notes and set forth the terms and conditions of sale. It shall invite bidders to name the rate or rates of interest to be borne by the bonds or notes, which rate or rates shall be stated in conformity to the details of the issues as outlined in this chapter, all of which shall be included in the notice of sale.

(3) The notice of sale may permit bidders to name one or more interest rates for the bonds or notes proposed to be sold, within such limitations as outlined in Section 61-3-41.

The notice of sale shall state that all bonds or notes will be awarded to the bidder whose bid constitutes the lowest cost to the authority. The lowest cost to the authority shall be determined in accordance with the provisions of Section 61-3-41.

(4) The notice of sale, in case of a sale of more than one (1) issue of bonds payable from the same source, after describing the separate issues, shall state the combined maturities as if such combined maturities constituted a single issue. The notice of sale shall state that the bonds or notes will be awarded to the bidder whose bid constitutes the lowest cost as determined by Section 61-3-41, and, as between bidders whose bids constitute the same lowest cost to the authority, such lowest bidders may negotiate between themselves, immediately after the announcement of said bids as to the conditions upon which the bid shall be awarded. If no agreement is reached, the award shall be determined by lot fairly and publicly drawn.

(5) The notice of sale shall require all bidders except governmental agencies or departments to deposit a certified or cashier's check for two percent (2%) of the amount of bonds or notes proposed to be sold, partially to secure the authority from any loss resulting from the failure of the bidder to comply with the terms of his bid. In case the bidder to whom the award is made shall fail to comply with the award, his certified or cashier's check in the amount of two percent (2%) shall be forfeited to the authority. The certified or cashier's checks of unsuccessful bidders shall be returned promptly.

(6) Each notice of sale shall require the purchaser to pay interest accrued on the face amount of the bonds or notes awarded, at the rate borne thereby, from the date of the bonds or notes to the date of payment of the purchase price.

(7) Each notice of sale shall reserve the right to reject any and all bids and shall state that any bid not complying with the terms of the notice shall be rejected.

(8) Notwithstanding any provision to the contrary in this chapter, bonds or notes issued pursuant to this chapter may be sold at a private sale in a manner and at a price determined by the authority to be the most advantageous to the authority.

(9) Bonds or notes issued pursuant to this chapter may be for not less than ninety-eight percent (98%) of par value. Any notice of sale shall state whether or not the bonds or notes will be sold for less than their par value.

§ 61-3-37

All proposals or bids shall be submitted to the authority in a sealed envelope and subsequently opened publicly at the time and place stated in the notice of sale, and each bid shall be publicly announced at the time of opening of bids. A determination with respect to acceptance of a bid shall be made promptly after receipt of bids and, if a bid is accepted, a prompt award of the bonds or notes shall be made in writing to the successful bidder.

Bonds and notes shall be awarded to the bidder whose bid specifies the lowest maximum interest cost.

Any premium must be paid in bank funds as a part of the purchase price. Bids shall not contemplate the cancellation of any interest coupon or the waiver of interest or other concession by the bidder as a substitute for bank funds.

§ 61-3-39

All bonds except term bonds of a single issue shall be paid in consecutive annual or semiannual payments.

The first annual or semiannual principal payment upon each authorized issue shall be paid not more than thirty-six (36) months after the date of the bonds.

The last payment of each authorized issue of bonds shall mature not later than forty (40) years after its date of issue.

§ 61-3-41

All bonds shall bear interest at such rate or rates not to exceed that allowed in Section 75-17-103. No bond shall bear more than one (1) rate of interest. Each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid or as agreed to by the authority. All bonds of the same maturity shall bear the same rate of interest. All interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year.

No interest payment shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted. The lowest interest rate specified for any bonds issued shall not be less than two-thirds ( 2/3 ) of the highest interest rate specified for the same bond issue. The interest rate of any one (1) interest coupon shall not exceed the maximum interest rate allowed on such bonds.

Each interest rate specified in any bid must be in multiples of one-eighth of one percent ( 1/8 of 1%) or in multiples of one-tenth of one percent ( 1/10 of 1%), and a zero rate of interest cannot be named.

All bonds shall be lithographed, engraved or typewritten, shall be in denominations of not less than Five Thousand Dollars ($5,000.00), shall be registered by the authority, and shall be consecutively numbered in a regular series from one (1) upward. Each such bond shall specify on its face the purpose for which it was issued and the total amount authorized to be issued. The interest to accrue on each bond shall be evidenced by proper coupons to be attached thereto, unless the bonds are fully registered no-coupon bonds.

§ 61-3-43

All bonds and notes shall be executed in the name of the authority by the manual or facsimile signatures of such officials, including a financial officer, as may be designated by resolution and shall be under the seal (or a facsimile thereof) of the authority. At least one signature on each such bond or note shall be a manual signature. Coupons attached to a bond may be executed by the facsimile signature of the financial officer signing the bond.

§ 61-3-45

Bonds may be issued in form payable to bearer with coupons attached for the payment of interest and, if so issued, shall be subject to registration as to principal only or as to both principal and interest. Bonds may also be issued in fully registered form without coupons. Coupon and registered bonds shall be interchangeable only as provided in the resolution authorizing such bonds.

Notes may be issued in registered form or notes may be issued in form payable to bearer, with interest payable to bearer on presentation for endorsement and, if so issued, shall be subject to complete registration. Interest on notes issued in registered form and interest on bearer notes which have been registered shall be payable to the registered holder.

§ 61-3-47

No bonds or notes shall be made payable on demand, but any bond or note may be made subject to redemption prior to maturity on such notice and at such time or times and with such redemption provisions as may be stated in the resolution authorizing the issuance of the bond or note. When any such bond or note shall have been validly called for redemption and payment of the principal thereof and of the interest thereon accrued to the date of redemption shall have been tendered or made, interest thereon shall cease. A complete schedule of redemption dates shall be included in the resolution authorizing the bond issue.

§ 61-3-49

In the discretion of the authority, all bonds may be further secured by a trust agreement between the authority and a corporate trustee, which may be any trust company or bank having powers of a trust company within or without the state. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law.

The trust agreement may contain provisions for the issuance of additional bonds under the procedures established by this chapter for any of the purposes authorized by this chapter which shall be secured by the revenues pledged thereunder for such bonds to the extent provided therein.

The trust agreement may include provisions to the effect that, if there is any default in the payment of principal or interest on any of said bonds, any court of competent jurisdiction may appoint a receiver to administer the properties and facilities of the authority described in the trust agreement on behalf of the authority, including authority to sell or make contracts for the sale of any services, facilities or commodities of the authority or to renew such contracts, subject to the approval of the court appointing the said receiver, and with power to provide for the payment of such bonds outstanding, or the payment of operating expenses, and to apply the income and revenues to the payment of the said bonds and interest thereon in accordance with the resolution of the authority authorizing the issuance of such bonds and the said trust agreement. The fee for the services of any corporate trustee shall not exceed the normal charges for acting as paying agent, plus any additional amount or amounts allowed by the court as the reasonable value of services rendered by the corporate trustee.

The powers herein granted may be exercised whether or not a trust agreement is entered into and, if no trust agreement is entered into, such provisions as are above authorized may be set out in the resolution authorizing the bonds.

§ 61-3-51

All revenues pledged to the payment of bonds shall be subject to a lien in favor of the holders of such bonds, and all such revenues received by the authority shall be immediately subject to such lien without any physical delivery thereof or further act by the authority. The lien shall be effective as against all parties asserting claims against the authority, whether by way of tort, contract or otherwise, whether or not such parties may have had notice of such lien. The pledge or trust agreement creating the same need not be filed or recorded except in the official minutes of the authority. The revenues may also be pledged as security for the payment of obligations due providers of credit enhancement with respect to any bonds issued.

The state does hereby covenant with the holders of any such bonds that it will not, while any such bonds shall be outstanding, limit or diminish the right and power of the authority to establish, maintain and collect rates, fees, rentals and other charges pledged to the payment of such bonds, or to fulfill any covenants with respect to rates, fees, rentals and other charges made by the authority with such bondholders.

§ 61-3-53

Any authority, authorized by a statute other than this chapter to refund its outstanding bonds and permitted to do so by the terms of any resolutions and trust agreements pertaining to such bonds, may refund all, or any part of, one or more bond issues. However, the refunding bonds shall be issued in accordance with the provisions of this chapter.

In no case shall any bonds be refunded whereby:

(a) The interest cost to the authority computed on the basis of the interest rates borne by the bonds refunded and by the refunding bonds, will be increased by reason of the refunding; or

(b) The average maturity of the bonds refunded, computed to their stated maturities will be increased by reason of the refunding; or

(c) The time at which bonds may be redeemed is more than twelve (12) months after the date of sale of the refunding bonds;

(d) However, if it can be clearly shown that the refunding is being accomplished to prevent default or to provide flexibility to the authority in the financing of its projects, and if the State Treasurer shall certify that the need to refund an outstanding issue to prevent default or to provide flexibility to the authority in the financing of its projects has been determined by sufficient evidence filed with the State Treasurer, the provisions of subsections (a), (b) and (c) shall not prevent refunding.

It shall not be necessary for the bonds refunded to be surrendered and cancelled simultaneously with the delivery of the refunding bonds, but the proceeds of the sale of the refunding bonds, not used to pay for surrendered and cancelled bonds at the time of refunding, shall be deposited in a trust fund under conditions satisfactory to the authority and the State Treasurer.

If the refunding bonds are being issued to prevent default, the authority may exchange them with bondholders under such rules and regulations as established by the State Treasurer.

§ 61-3-55

Nothing contained in this chapter shall be construed to confer on any authority any right or option to redeem any bonds or notes heretofore or hereafter issued, except as is or may be provided in the proceedings under which such bonds were or shall be issued.

§ 61-3-57

All bonds and notes and appurtenant coupons issued pursuant to this chapter shall be negotiable instruments within the meaning of the Uniform Commercial Code of the State of Mississippi.

§ 61-3-59

No bonds shall be delivered to any purchaser by any authority unless they shall have first been validated in accordance with the provisions of Sections 31-13-1 through 31-13-11, Mississippi Code of 1972.

§ 61-3-60

(1) In addition to the power to borrow money pursuant to Sections 61-3-27 through 61-3-61, Mississippi Code of 1972, an airport authority may, in anticipation of the receipt of income, revenues, grants or subsidies from any source, including, but not limited to, the federal government or any federal agency, the state or any state agency, any municipality or taxing authority, or the proceeds of bonds authorized by Sections 61-3-27 through 61-3-61, Mississippi Code of 1972, borrow money to be payable over a period of time not to exceed ten (10) years, in an amount or amounts not to exceed in the aggregate Ten Million Dollars ($10,000,000.00) for the purposes and under the terms and conditions set out in subsections (2), (3), (4) and (5) of this section.

(2) Any loans made under this section shall be first authorized by resolution of the airport authority setting out the need for such loan, the purposes for which the proceeds shall be used, and the source or sources from which it anticipates that the loan shall be retired. The purposes for which such loans are authorized may include any purposes for which bonds may be issued under this chapter and for the maintenance and repair of runways, taxiways, ramps or other facilities necessary for the safe, orderly and convenient handling of aircraft traffic; and for the employment of personnel and purchase of supplies and equipment and payment of expenses which, in the judgment of the authority, shall be necessary or convenient in the safe operation of the airport facilities. The resolution shall also set out the schedule of repayment and may pledge therefor any anticipated funds not previously pledged to the retirement of the loan or loans.

(3) The loans authorized by this section may be made by any bank located in the State of Mississippi or by any trust companies or other lending institutions, investment banking firms or persons in the United States having the authority to enter into such loans. The loans may bear interest at a rate not to exceed thirteen percent (13%) per annum. The loans shall be evidenced by the notes of the airport authority and shall not constitute a debt of the commissioners thereof, and the lender shall have the right of mandamus and any other appropriate writ or legal or equitable remedy for the collection of the notes and the cost of collection.

(4) In order to provide for, and in connection with, such short-term borrowings, an airport authority is authorized to enter into any note, loan, credit agreement or agreements, or other agreement or agreements necessary therefor containing provisions not inconsistent with the provisions of this section.

(5) The interest on the notes authorized by this section shall at all times be exempt from all taxation in this state.

§ 61-3-61

The accomplishment of the purposes stated in this chapter being for the benefit of the people of this state and for the improvement of their properties and industries, the authority, in carrying out the purposes of this chapter, will be performing an essential public function, and the interest on the bonds and notes issued hereunder shall at all times be free from taxation within this state.

§ 61-3-63

In determining the amount to be expended for a project pursuant to this chapter, the authority may include the engineering, legal, fiscal, architectural, inspection, recording, printing, publishing and related cost of the acquisition, construction or reconstruction of the property or improvement to be financed, including interest during construction.

§ 61-3-65

In addition to the general and special powers conferred by this chapter, every authority is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers.

The governing authority of each municipality, as defined herein, shall have the authority to issue general obligation bonds of the municipality, as defined herein, for the purposes set out in Sections 61-5-17 and 19-9-1(j). For the purposes of this chapter, the portion of the county, being a supervisors district or supervisors districts, or that portion of the county lying outside the territorial boundary of the other participating municipalities, shall constitute a special taxing district and for all purposes under this chapter, taxes may be levied upon the property therein and such territory shall be considered a municipality for the issuance of bonds for the purposes of this chapter. Bonds issued pursuant to authority contained in this section shall, if issued by a city, town or village, be issued in conformity with the uniform system for the issuance of municipal bonds, as set out in Sections 21-33-301 through 21-33-329, inclusive, and, if issued by a special taxing district, be issued by the board of supervisors of the county, and shall be issued in conformity with the uniform system for the issuance of county bonds, being Sections 19-9-1 through 19-9-31, inclusive.

The regional airport authority shall have the power and authority to adopt all rules and regulations appropriate to the management of the airport and the activities conducted thereon, including the establishment of all rules and regulations with respect to automobiles and other traffic, the storage and disposition of property, including automobiles, and the disposition thereof of any unclaimed vehicles within a reasonable time. Such rules and regulations shall be posted in an accessible place at the airport terminal and shall be enforced by the courts of the county in which the airport is located.

§ 61-3-67

For the purposes of Sections 61-3-67 through 61-3-75, unless otherwise qualified, the term “public agency” includes municipality and authority, each as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision and agency of an adjoining state. The term “governing body” includes the 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 other than an authority or municipality.

All powers, privileges, and authority granted by this chapter may be exercised and enjoyed 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 such other state or of the United States permit such joint exercise of enjoyment. Any agency of the state government, when acting jointly with any authority, may exercise and enjoy all the powers, privileges, and authority conferred by this chapter upon an authority.

§ 61-3-69

Any two or more public agencies may enter into agreements with each other for joint action pursuant to the provisions of Section 61-3-67. Each agreement shall specify its duration, the proportionate interest which each public agency shall have in the property, facilities, and privileges involved in the joint undertaking, the proportion of costs of operation, etc., to be borne by each public agency, and such other terms as are deemed necessary or required by law. The agreement may also provide for amendments and termination; disposal of all or any of the property, facilities, and privileges jointly owned, prior to or at such time as said property, facilities, and privileges, or any part thereof, 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 and undisposed of; the assumption or 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 such other provisions as may be necessary or convenient.

§ 61-3-71

Public agencies acting jointly pursuant to Section 61-3-67 shall create a joint board which shall consist of members appointed by the governing body of each participating public agency. The number to be appointed, their term and compensation, if any, shall be provided for in the joint agreement. Each joint board shall organize, select officers for such terms as are fixed by the agreement, and adopt and amend, from time to time, rules for its own procedure. The joint board shall have power, as agent of the participating public agencies, to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, lease, regulate, protect, and police any airport or other air navigation facility, airport hazard or other airport property, real or personal, to be jointly acquired, controlled, and operated and to lease any property, real or personal, inside or outside the boundaries of an airport or airport site as it may deem necessary to carry out its duties. The board may be authorized by the participating public agencies to exercise on behalf of its constituent public agencies all the powers of each with respect to the airport, air navigation facility, airport hazard, or other airport property, real or personal, subject to the limitations of Section 61-3-73.

§ 61-3-73

The total expenditures to be made by the joint board for any purpose in any calendar year shall be as determined by a budget approved by the constituent public agencies on or before the preceding October 1st, or as otherwise specifically authorized by the constituent public agencies.

No airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of sums fixed therefor 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.

Eminent domain proceedings may be instituted by the joint board only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, such proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by said public agencies as tenants in common.

The joint board shall not dispose of any airport, air navigation facility, or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies. However, the joint board may, without such consent, enter into contracts, leases, or other arrangements contemplated by Section 61-3-21.

Any resolutions, rules, regulations, or orders of the joint board dealing with subjects authorized by Section 61-3-23 shall become effective only upon approval of the governing bodies of the constituent public agencies. Upon such approval, the resolutions, rules, regulations, or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, rules, regulations, or orders of each public agency would have in its own territory or jurisdiction.

§ 61-3-75

For the purpose of providing the joint board with moneys for the necessary expenditures in carrying out the provisions of Sections 61-3-67 through 61-3-75, a joint fund shall be created and maintained into which shall 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 or air navigation facility under the jurisdiction of the joint board, shall be paid into the joint fund. Disbursements from such fund shall be made by order of the board, subject to the limitations prescribed in Section 61-3-73.

§ 61-3-77

Any property in this state acquired by an authority for airport purposes pursuant to the provisions of this chapter, and any income derived by the authority from the ownership, operation, or control thereof, shall be exempt from taxation to the same extent as other property belonging to political subdivisions of this state.

§ 61-3-79

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of airports and air navigation facilities pursuant to the provisions of this chapter, any municipality for which an authority has been created or any municipality in which any of the property of the authority is located or which is contiguous to any property of the authority may, upon such terms, with or without consideration, as it may determine:

(a) Lend or donate money to the authority;

(b) Provide that all or a portion of the taxes or funds available or to become available to, or required by law to be used by, the municipality for airport purposes, be transferred or paid directly to the airport authority as such funds become available to the municipality;

(c) Cause water, sewer, or drainage facilities, or any other facilities which it is empowered to provide, to be furnished onto or in connection with such airports or air navigation facilities;

(d) Dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to the authority;

(e) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, and walks from established streets or roads to such airports or air navigation facilities;

(f) Do any and all things, whether or not specifically authorized in this section and not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with the authority in the planning, undertaking, construction, or operation of airports and air navigation facilities; and

(g) Enter into agreements with the authority respecting action to be taken by the municipality pursuant to the provisions of this section.

§ 61-3-81

Nothing contained in this chapter shall be construed to limit any right, power, or authority of a municipality to regulate airport hazards by zoning.

§ 61-3-83

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 and air navigation facilities, including the acquisition or elimination of airport hazards, and the exercise of any other powers granted in this chapter to authorities and other public agencies, to be severally or jointly exercised, are hereby declared to be 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 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.

§ 61-3-85

No member of the Legislature, elected official or appointed official, or any partner or associate of any member of the Legislature, elected official or appointed official, shall derive any income from the issuance of any bonds under Sections 61-3-35, 61-3-39, 61-3-41, 61-3-45, 61-3-51, or 61-3-53 contrary to the provisions of Section 109, Mississippi Constitution of 1890, or Article 3, Chapter 4, Title 25, Mississippi Code of 1972.

Chapter 5 Acquisition, Disposition and Support of Airport Facilities

§ 61-5-1

Sections 61-5-1 through 61-5-49 may be cited as the “Municipal Airport Law.”

§ 61-5-3

As used in the Municipal Airport Law, unless the text otherwise requires:

(a) “Airport” means any area of land or water which is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights of way, or for other appropriate purposes, including buffer areas and areas for airport compatible development, together with all buildings and facilities located thereon.

(b) “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.

(c) “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.

(d) “Joint airport board” shall mean a joint airport board created pursuant to Section 61-5-35.

(e) “Municipal airport board” shall mean a municipal airport board created pursuant to Section 61-5-25.

(f) “Municipality” means any county, city, village, town, supervisors district or supervisors districts of this state. “Municipal” means pertaining to a municipality as herein defined.

(g) “Person” means any individual, firm, partnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.

§ 61-5-5

Every municipality is authorized, out of any appropriations or other moneys made available for such purposes, to plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police airports and air navigation facilities, either within or without the territorial limits of such municipality including the 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. For such purposes the municipality 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 or obstruction lighting of airport hazards or to prevent the establishment of airport hazards.

The municipality may by purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire existing airports and air navigation facilities. However, it shall not acquire or take over any airport or air navigation facility owned or controlled by another municipality or public agency without the consent of such municipality or public agency.

All air navigation facilities established or operated by municipalities shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.

§ 61-5-7

In the acquisition of property by eminent domain proceedings authorized by the Municipal Airport Law, the municipality shall proceed in the manner provided by Chapter 27 of Title 11, Mississippi Code of 1972, and as elsewhere provided by law. For the purpose of making surveys and examinations relative to any eminent domain proceedings, it shall be lawful to enter upon the land, doing no unnecessary damage. Notwithstanding the provisions of any other statute or other law, the municipality may take possession of any property to be acquired by eminent domain proceedings at any time after the commencement of such proceedings upon a specific finding by the municipality of the public necessity for the immediate acquisition of the property pursuant to Section 11-27-81 et seq., and compliance with all provisions of Section 11-27-81 et seq., including the provisions for making a deposit. The municipality shall not be precluded from abandoning such proceedings at any time prior to final order and decree of the court having jurisdiction of such proceedings. The municipality shall be liable to the owner of the property for any damage done to the property during possession thereof by the municipality.

§ 61-5-9

Except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to Section 61-5-15, every municipality may by sale, lease or otherwise, dispose of any airport, air navigation facility or other property, or portion thereof or interest therein, acquired pursuant to the Municipal Airport Law. Such disposal by sale, lease, or otherwise, shall be in accordance with the laws of this state, or provisions of the charter of the municipality, governing the disposition of other property of the municipality, except that in the case of disposal to another municipality or agency of the state or federal government for aeronautical purposes incident thereto, the sale, lease, or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may deem in the best interest of the municipality.

§ 61-5-11

(1) In operating an airport or air navigation facility owned, leased or controlled by a municipality, such municipality may, except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to Section 61-5-15, enter into contracts, leases and other arrangements for a term not exceeding fifty (50) years 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; or

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

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

In each case the municipality 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 municipality.

(2) Except as may be limited by the terms and conditions of any grant, loan or agreement pursuant to Section 61-5-15, a municipality may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed fifty (50) years the privilege of operating, as agent of the municipality or otherwise, any airport owned or controlled by the municipality. However, no person shall be granted any authority to operate 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 municipality might not have undertaken under subsection (1) of this section.

(3) All contracts, leases and other arrangements entered into pursuant to this section are deemed to serve a public and governmental purpose as a matter of public necessity; therefore, all such contracts, leases and other arrangements, and all structures, improvements and other facilities erected, installed, constructed or located in connection therewith on an airport or air navigation facility owned or controlled by a municipality, or any portion or facility thereof or space therein, shall be free and exempt from all state, county and municipal ad valorem taxes on real property and personal property for so long as may otherwise be lawful, and the charges, rentals and fees received by a municipality in connection with such contracts, leases and other arrangements shall be deemed to be in lieu of said taxes.

§ 61-5-13

A municipality, which has established or acquired or which may hereafter establish or acquire an airport or air navigation facility, is authorized to adopt, amend and repeal such reasonable ordinances, resolutions, rules, regulations and orders as it shall deem necessary for the management, government and use of such airport or air navigation facility under its control whether situated within or without the territorial limits of the municipality.

As for the enforcement thereof, the municipality, may, by ordinance or resolution, as may by law be appropriate, appoint airport guards or police, with full police powers, and fix penalties, within the limits prescribed by law, for the violation of the aforesaid ordinances, resolutions, rules, regulations and orders. Said penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced. To the extent that an airport or other air navigation facility controlled and operated by a municipality is located outside the territorial limits of the municipality, it shall, subject to federal and state laws, rules and regulations, be under the jurisdiction and control of the municipality controlling or operating it, and no other municipality shall have any authority to charge or exact a license fee or occupation tax for operations thereon.

All ordinances, resolutions, rules, regulations or orders which are issued by the municipality shall be kept in substantial conformity with the laws of the state or any regulations promulgated or standards established pursuant thereto, and, as nearly as may be, with the federal laws governing aeronautics and the rules, regulations and standards duly issued thereunder.

§ 61-5-15

Every municipality is authorized to accept, receive, receipt for, disburse and expend federal and state monies and other monies, public or private, made available by grant or loan or both to accomplish, in whole or in part, any of the purposes of the Municipal Airport Law. All federal monies accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the United States and as are consistent with state law. All state monies accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the state. All local government monies accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the local government. Unless otherwise prescribed by the agency from which such monies were received, the chief financial officer of the municipality shall on its behalf deposit all monies received pursuant to this section and shall keep them, in separate funds designated according to the purposes for which the monies were made available, in trust for such purposes.

Every municipality is authorized to designate the Mississippi Transportation Commission as its agent to accept, receive, receipt for, and disburse federal, state and local government monies and other monies, public or private, made available by grant or loan or both, to accomplish in whole or in part, any of the purposes of the Municipal Airport Law. Every municipality is authorized to designate such commission as its agent in contracting for and supervising the planning, acquisition, development, construction, improvement, maintenance, equipment or operation of any airport or other air navigation facility. Every municipality may enter into an agreement with the commission prescribing the terms and conditions of the agency in accordance with such terms and conditions as are prescribed by the United States, if federal money is involved, and in accordance with the applicable laws of this state. All federal monies accepted under this section by such commission shall be accepted and transferred or expended by the commission upon such terms and conditions as are prescribed by the United States. All monies received by such commission pursuant to this paragraph shall be deposited in the State Treasury, and unless otherwise prescribed by the agency from which such monies were received, shall be kept in separate funds designated according to the purposes for which the monies were made available, and held by the state in trust for such purposes.

§ 61-5-17

The cost of planning and acquiring, establishing, developing, constructing, enlarging, improving, or equipping an airport or air navigation facility, or the site therefor, including buildings and other facilities incidental to the operation thereof, and the acquisition or elimination of airport hazards, may be paid for wholly or partly from the proceeds of the sale of bonds or notes of the municipality, as the governing body of the municipality shall determine. For such purposes a municipality may issue general or special obligation bonds, revenue bonds or other forms of bonds or notes, secured or unsecured, including refunding bonds, in the manner and within the limitations prescribed by the laws of this state or the charter of the municipality for the authorization and issuance of bonds or notes thereof for public purposes generally. Such bonds may be sold at public or private sale at not less than par and shall bear interest at a rate or rates as the municipality shall determine, provided that the bonds of any issue shall not bear a greater overall maximum interest rate to maturity than that allowed in Section 75-17-101 for general obligation bonds, or Section 75-17-103 for revenue bonds, as the case may be. Any bonds or notes issued by a municipality pursuant to this section which are payable, as to principal and interest, solely from the revenues of an airport or air navigation facility (and such bonds or notes shall so state on their face), shall not constitute a debt of such municipality within the meaning of any constitutional or statutory debt limitation or restriction. In any suit, action or proceeding involving the security, or the validity or enforceability, of any bond or note issued by a municipality, which bond or note states on its face that it was issued pursuant to the provision of this section and for a purpose or purposes authorized or accomplished by this section, such bond or note shall be conclusively deemed to have been issued pursuant to this section for such purpose or purposes.

§ 61-5-19

A municipality may enter into any contracts necessary to the execution of the powers granted it, and for the purposes provided by the Municipal Airport Law.

Without limiting the foregoing, a municipality may enter into joint use or similar agreements with any department or agency of the United States of America or the State of Mississippi, including any military department of the United States of America or the State of Mississippi, with respect to the use and operation of, or services at, any airport or other property of the municipality used in connection with an airport on the terms and conditions as the municipality may deem appropriate, including provisions limiting the liability of the United States of America or the State of Mississippi to the municipality if the municipality determines that the limitation of liability is reasonable, necessary and appropriate under the circumstances.

§ 61-5-21

In addition to the general and special powers conferred by the Municipal Airport Law, every municipality is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers.

§ 61-5-23

Any acquisition of property made prior to April 21, 1958, within or without the limits of any municipality, for the purposes authorized by the Municipal Airport Law, and any other action taken prior to said date by a municipality in furtherance of such purposes, including, but not limited to the making of appropriations, the expenditure of money, the incurring of debts, the acceptance and disbursement of federal, state or other grants or loans, the issuance and payment of bonds and notes, the execution of leases and contracts, which acquisition or action would have been authorized had said law been in effect at the time of such acquisition or action, is hereby ratified and made valid. All bonds and notes issued prior to said date in furtherance of purposes authorized by said law and actions ratified by this section are confirmed as legal obligations of the municipality, and, without prejudice to the general powers granted to the municipality by said law, such municipality is hereby authorized to issue further bonds and notes for such purposes up to the limit fixed in the original authorization therefor, which bonds and notes shall be legal obligations in accordance with their terms.

§ 61-5-25

Any authority vested by the Municipal Airport Law in a municipality or in the governing body thereof, for the planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing of airports or other air navigation facilities established, owned or controlled, or to be established, owned or controlled by the municipality may be vested by resolution of the governing body of the municipality in an airport board, or other municipal agency, whose powers and duties shall be prescribed in the resolution. However, the expense of such planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection and policing shall be a responsibility of the municipality.

§ 61-5-27

To enforce the payment of any charges for repairs or improvements to or storage or care of, any personal property made or furnished by the municipality or its agents in connection with the operation of an airport or air navigation facility owned or operated by the municipality, the municipality shall have liens on such property, which shall be enforceable by the municipality as provided by law.

§ 61-5-29

The governing body of any municipality having power to appropriate and raise money, is hereby authorized to appropriate, and to raise by taxation or otherwise, sufficient moneys to carry out the provisions and purposes of the Municipal Airport Law.

§ 61-5-31

The revenues obtained by a municipality from the ownership, control or operation of any airport or air navigation facility, including proceeds from the sale of any airport or portion thereof or air navigation facility property, shall be deposited in a special fund to be designated the “ __________ Airport Fund,” which revenues shall be appropriated solely to, and used by the municipality for, the purposes authorized by the Municipal Airport Law.

§ 61-5-33

For the purposes of sections 61-5-33 through 61-5-41, unless otherwise qualified, the term “public agency” includes municipality, as defined in section 61-5-3, and any agency of the state government and of the United States. The term “governing body” means the governing body of a county or municipality, and the head of the agency if the public agency is other than a county or municipality. All powers, privileges and authority granted to any municipality by the Municipal Airport Law may be exercised and enjoyed jointly with any public agency of this state, or of the United States to the extent that the laws of the United States permit such joint exercise or enjoyment. If not otherwise authorized by law, any agency of the state government when acting jointly with any municipality, may exercise and enjoy all of the powers, privileges and authority conferred by the Municipal Airport Law upon a municipality.

§ 61-5-35

Any two or more public agencies may enter into agreements with each other for joint action pursuant to the provisions of section 61-5-33. Concurrent action by ordinance, resolution or otherwise of the governing bodies of the participating public agencies shall constitute joint action. Each such agreement shall specify its duration, the proportionate interest which each public agency shall have in the property, facilities and privileges involved, 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, the proportion of the expenses of maintenance, operation, regulation and protection thereof to be borne by each, and such other terms as are required by the provisions of sections 61-5-33 through 61-5-41. The agreement may also provide for: amendments thereof, and conditions and methods of termination of the agreement; the disposal of all or any of the property, facilities and privileges jointly owned, prior to or upon said property, facilities and privileges, or any part thereof, ceasing to be used for the purposes provided in the Municipal Airport Law, or upon termination of the agreement; the distribution of the proceeds received upon any such disposal, and of any funds or other property jointly owned and undisposed of; the assumption or payment of any indebtedness arising from the joint venture which remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient.

§ 61-5-37

Public agencies acting jointly pursuant to Section 61-5-33 shall create a joint board which shall consist of members appointed by the governing body of each participating public agency. The number to be appointed, their term and compensation, if any, shall be provided for in the joint agreement. Each such joint board shall organize, select officers for terms to be fixed by the agreement, and adopt and amend from time to time rules for its own procedure. The joint board shall have power to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, lease, regulate, protect and police any airport or air navigation facility or airport hazard, or other airport property, real or personal, to be jointly acquired, controlled and operated and to lease any property, real or personal, inside or outside the boundaries of an airport or airport site as it may deem necessary to carry out its duties. Such board may exercise, on behalf of its constituent public agencies, all the powers of each with respect to such airport, air navigation facility or airport hazard, subject to the limitations of Section 61-5-39.

§ 61-5-39

(1) The total expenditures to be made by the joint board for any purpose in any calendar year shall be determined by a budget approved by the governing bodies of its constituent public agencies on or before the preceding December first.

(2) No airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of sums therefor fixed by the joint agreement or allotted in the annual budget, may be acquired by the joint board without the approval of the governing bodies of its constituent public agencies.

(3) Eminent domain proceedings may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, such proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by said public agencies as tenants in common until conveyed by them to the joint board.

(4) The joint board shall not dispose of any airport, air navigation facility or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies. However, the joint board may, without such consent, enter into the contract, lease or other arrangements contemplated by Section 61-5-11.

(5) Any resolutions, rules, regulations or orders of the joint board dealing with subjects authorized by Section 61-5-13 shall become effective only upon approval of the governing bodies of the constituent public agencies. Upon such approval the resolutions, rules, regulations or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, rules, regulations or orders of each public agency would have in its own territory or jurisdiction.

§ 61-5-41

For the purposes of providing a joint board with moneys for the necessary expenditures in carrying out the provisions of Sections 61-5-33 through 61-5-41, a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Each of the constituent public agencies shall provide its share of the fund from sources available to each. Any federal, state or other contributions or loans, and the revenues obtained from the joint ownership, control and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund. Disbursements from such fund shall be made by order of the board, subject to the limitations prescribed in Section 61-5-39.

§ 61-5-43

Any property in this state acquired by a municipality for airport purposes pursuant to the provisions of the Municipal Airport Law, and any income derived by such municipality from the ownership, operation or control thereof, shall be exempt from taxation to the same extent as other property belonging to political subdivisions of this state.

§ 61-5-45

Nothing contained in the Municipal Airport Law shall be construed to limit any right, power or authority of a municipality to regulate airport hazards by zoning.

§ 61-5-47

The acquisition of any lands for the purpose of establishing airports or other air navigation facilities, the acquisition of any airport protection privileges, the acquisition, establishment, construction, enlargement, improvements, maintenance, equipment and operation of airports and other air navigation facilities by any municipality or municipalities of this state, separately or jointly, and the exercise of any other powers granted in the Municipal Airport Law to any airport board, joint board or authority are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. Such lands and other property and privileges acquired and used by the municipality in the manner and for the purposes enumerated in said law shall and are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity.

§ 61-5-49

The Municipal Airport Law shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of the state and other states and of the government of the United States having to do with the subject of municipal airports.

§ 61-5-71

It shall be the public policy of this state to encourage the construction, equipping, maintenance and operation of adequate transportation facilities, including airports, if needed, for use of the state university and the state supported four year colleges now or hereafter located in the state, as necessary in the operation and training program of such university and colleges and desirable for the use of the municipalities and areas in or near which such airports may be located as well as being helpful in the economic, industrial and business development of said counties. It is the intent of Sections 61-5-71 through 61-5-77 to provide means whereby the board of trustees of state institutions of higher learning, the state building commission and any and all other state agencies which have either constructed such airport facilities, or contemplate so doing, may obtain assistance and contributions of funds from any municipality in or near which any such college may be located and from the county in which any such airport facilities may be located. It is also the intent of said sections to authorize such municipalities and counties to borrow money and issue bonds, under their respective bond laws, to provide funds for the purpose of aiding and assisting in the acquisition of sites for such airports, construction of buildings, construction of runways and extension of runways and in constructing and equipping all facilities needed or desirable for such airports.

§ 61-5-73

The boards of supervisors of the several counties of the state are authorized, in their discretion, to acquire by condemnation, donation, lease or purchase land to be used as an airport or landing place for airplanes. They may erect such buildings thereon as they may deem necessary for such purpose, and equip and maintain such airport.

The boards of supervisors of the several counties of the state, wherein the university or other state supported four year colleges now or hereafter in existence, are or shall be located, are authorized, in their discretion, to assist the board of trustees of state institutions of higher learning, the state building commission or any other state agency by contributing county funds to be used in the acquisition of a site for an airport, erecting suitable buildings, building or extending runways and equipping, maintaining and operating an airport, which shall be available for the use of said university or colleges, as the case may be, and for the general public.

§ 61-5-75

The governing authorities of any municipality are authorized, in their discretion, to exercise all the powers conferred on boards of supervisors with reference to acquiring land to be used as an airport or landing place for airplanes, and erect suitable buildings thereon, and equip and maintain such airport. They may acquire airports or landing places already established. Such airport or landing place may be situated beyond the limits of such municipality. The governing authorities of a municipality may lease, or sublease, or contract the maintenance and operation of, any airport or landing place for airplanes to the United States of America, or any department or agency thereof, or to any person, firm, association, or corporation, for the purpose of training aviators and for other legal purposes. The county wherein such airport may be situated is hereby authorized to make such contribution to the cost of acquiring the necessary land for such airport, the placing of same in suitable condition, and the equipping and maintenance thereof, as the board of supervisors of such county and the governing body of such municipality may mutually agree upon.

The governing authorities of the several municipalities of the state in or near which the state university or a state supported four year college, now or hereafter in existence, are or shall be located, are authorized, in their discretion, to assist the board of trustees of state institutions of higher learning, the state building commission or any other state agency by contributing municipal funds to be used in the acquisition of a site for an airport, erecting suitable buildings and building or extending runways, equipping, maintaining and operating an airport, which shall be available for the use of said university or colleges, as the case may be, and for the general public.

Any such municipality which offers assistance in the acquisition of a site for constructing suitable buildings, building or extending runways or maintaining and operating such airports for the university or other state supported colleges, as the case may be, may or may not be in the county in which the university or the state supported four year college is located, provided the airport is not more than ten miles from said municipality.

§ 61-5-77

Sections 61-5-71 through 61-5-75 are remedial, are entitled to a liberal construction, and are supplemental and in addition to all other laws on the subject. In event, however, said sections are in conflict with any other law, they shall take precedence, in order to accomplish the purpose of development for which they are expressly written.

§ 61-5-91

Any municipality having a population, according to the last federal census, in excess of ten thousand inhabitants is authorized to lease any part or all of its airport grounds and improvements to one or more private concerns for not longer than twenty-five years by awarding such contract competitively after due notice of such public letting as public contracts are made. The city may lease a part of the land included in its airport either with or without the improvements thereon, and may require the lessee to erect improvements on such land and maintain the same at its expense or the city may in the discretion of its governing authorities make such contract thereasto as may appear most advantageous and profitable to it. Any such lease contract shall be made only for the purpose of the expansion and development of such airport and its use in furtherance of the promotion of private and commercial aviation therein. The city is authorized to construct and maintain suitable airstrips and landing and take-off areas at its expense in connection with such lease thereof, and it may lease all or any part of its airport buildings and hangars to federal agencies (such as weather bureau and C.A.A.) and private and commercial airlines using such airport as a depot, but the rental thereon shall never be less than the current charges for the upkeep and maintenance thereof and the period of such contract shall not exceed twenty-five years. It is the intent and purpose of this section to vest in such municipalities within the stated class full and plenary power and authority to develop and expand its airport facilities by allowing private concerns to erect improvements thereon at their expense for repairing and servicing private and commercial airplanes and for the sale and servicing of airplanes thereat so as to assure and encourage such continued use of said property and the development thereto at the least possible expense to the public.

Chapter 7 Airport Zoning

§ 61-7-1

This chapter shall be known and may be cited as the “Airport Zoning Law.”

§ 61-7-3

As used in this chapter, unless the context otherwise requires:

(1) “Airport” means any area of land or water designed and set aside for the landing and taking-off of aircraft and utilized or to be utilized in the interest of the public for such purposes, including airports and airport facilities owned, operated or controlled by the United States Government for use by military aircraft. However, none of the provisions of this chapter shall be construed as granting to a political subdivision any power or authority that is prohibited by or that is in conflict with any law of the United States or any rule or regulation of any department, board, commission or agency of the United States.

(2) “Airport hazard” means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking-off at any airport or is otherwise hazardous to such landing or taking-off of aircraft.

(3) “Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.

(4) “Political subdivision” means any municipality, city, town, village or county.

(5) “Person” means any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.

(6) “Structure” means any object constructed or installed by man, including but without limitation, buildings, towers, smokestacks and overhead transmission lines.

(7) “Tree” means any object of natural growth.

§ 61-7-5

It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared: (a) that the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (b) that it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and (c) that this should be accomplished, to the extent legally possible, by exercise of the police power, without compensation. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or making and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interest therein.

§ 61-7-7

(1) In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard within its territorial limits may adopt, administer, and enforce under the police power and in the manner and upon the conditions prescribed in this chapter, airport zoning regulations for such airport hazard area. Such regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees be erected or allowed to grow.

(2) Where an airport is owned or controlled by a political subdivision or by any state institution and any airport hazard area appertaining to such airport is located outside the territorial limits of said political subdivision, within or without the state, the political subdivision owning and controlling the airport or within which the airport owned and controlled by a state institution is located and the political subdivisions within which the airport hazard area is located may, by ordinance or resolution duly adopted, create a joint airport zoning board. Said board shall have the same power to adopt, administer and enforce airport zoning regulations applicable to the airport hazard in question as that vested by subsection (1) in the political subdivisions within which such area is located. Each such joint board shall have as members two representatives appointed by each political subdivision participating in its creation and, in addition, a chairman elected by a majority of the members so appointed.

§ 61-7-9

In the event that a political subdivision has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion thereof, may be incorporated in and made a part of such comprehensive zoning regulations, and be administered and enforced in connection therewith.

In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such other regulations were adopted by the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail.

§ 61-7-11

No airport zoning regulations shall be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided for in subsection (2) of Section 61-7-7, after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which is located the airport hazard to be zoned.

§ 61-7-13

Prior to the initial zoning of any airport hazard area under this chapter, the political subdivision or joint airport zoning board which is to adopt the regulations shall appoint a commission, to be known as the airport zoning commission, to recommend the boundaries of the various zones to be established and the regulations to be adopted therefor. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the legislative body of the political subdivision or the joint airport zoning board shall not hold its public hearings or take other action until it has received the final report of such commission. Where a city plan commission or comprehensive zoning commission already exists, it may be appointed as the airport zoning commission.

§ 61-7-15

All airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirements or restriction which is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is put and adaptable.

No airport zoning regulations adopted under this chapter shall require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any non-conforming use, except as provided in subsection (3) of Section 61-7-17.

§ 61-7-17

(1) Any airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered or repaired. In any event, however, all such regulations shall provide that before any non-conforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement, change or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming structure or tree or non-conforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made. Except as provided herein, all applications for permits shall be granted.

(2) Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of airport zoning regulations adopted under this chapter, may apply to the board of adjustment for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this chapter. Any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this chapter.

(3) In granting any permit or variance under this section, the administrative agency or board of adjustment may, if it deems such action advisable to effectuate the purposes of this chapter and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

§ 61-7-19

All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of such regulations by an administrative agency which may be an agency created by such regulations or any official, board, or other existing agency of the political subdivision adopting the regulations or of one of the political subdivisions which participated in the creation of the joint airport zoning board adopting the regulations, if satisfactory to that political subdivision, but in no case shall such administrative agency be or include any member of the board of adjustment. The duties of any administrative agency designated pursuant to this section shall include that of hearing and deciding all permits under subsection (1) of Section 61-7-17. Such agency shall not have or exercise any of the powers delegated in this chapter to the board of adjustment.

§ 61-7-21

(1) All airport zoning regulations adopted under this chapter shall provide for a board of adjustment to be composed of not less than three members, to have and exercise the following powers:

(a) To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations, as provided in Section 61-7-23.

(b) To hear and decide any special exceptions to the terms of the airport zoning regulations upon which such board may be required to pass under such regulations.

(2) Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall consist of five members, each to be appointed for a term of three years by the authority adopting the regulations and to be removable by the appointing authority for cause, upon written charges and after public hearing.

(3) The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determination, of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under the airport zoning regulations, or to effect any variation in such regulations.

(4) The board shall adopt rules in accordance with the provisions of the ordinances or resolution by which it was created. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact. The board shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record.

§ 61-7-23

Any person aggrieved by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opinion that a decision of such an administrative agency is an improper application of airport zoning regulations of concern to such governing body or board, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of such administrative agency.

All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases proceedings shall not be stayed otherwise than by order of the board on notice to the agency from which the appeal is taken and on due cause shown.

The board shall fix a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

The board may, in conformity with the provisions of this chapter, reverse, affirm, wholly or partly, or modify, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken.

§ 61-7-25

Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or any joint airport zoning board which is of the opinion that a decision of a board of adjustment is illegal, may present to the circuit court of the county wherein such decision was rendered a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of illegality. Such petition shall be presented to the court within 30 days after the decision is filed in the office of the board.

Upon presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and if need be, to order further proceedings by the board of adjustment. The findings of fact of the board, if supported by substantial evidence, shall be accepted by the court as conclusive. No objection to a decision of the board shall be considered by the court unless such objection shall have been urged before the board, or, if it was not so urged, unless there were reasonable grounds for failure to do so.

Cost shall not be allowed against the board of adjustment unless it appears to the court that it acted with gross negligence, in bad faith, or with malice, in making the decision appealed from.

In any case in which airport zoning regulations adopted under this chapter, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the Constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land.

§ 61-7-27

Each violation of this chapter or of any regulations, orders, or rulings promulgated or made pursuant to this chapter, shall constitute a misdemeanor and shall be punishable by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than 30 days or by both such fine and imprisonment. Each day a violation continues to exist shall constitute a separate offense. In addition, the political subdivision or agency adopting zoning regulations under this chapter may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter, or of airport zoning regulations adopted under this chapter, or of any order or ruling made in connection with their administration or enforcement. The court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made pursuant thereto.

§ 61-7-29

In any case in which: (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use; or (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, then the political subdivision within which the property or non-conforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such air right, aviation easement, or other estate or interest in the property or non-conforming structure or use in question as may be necessary to effectuate the purposes of this chapter.

Chapter 9 Incorporation of Airport Into Corporate Boundaries of Municipality

§ 61-9-1

Any incorporated municipality of this state which has heretofore or may hereafter establish or acquire an airport or air navigational facility any part of which is situated within ten miles of the corporate limits of such municipality, may, by ordinance adopted for such purpose, incorporate the properties constituting such airport or air navigational facility into its corporate boundaries. Such incorporation may be accomplished by the adoption of an ordinance as provided in this chapter, regardless of whether or not such airport or air navigational facility is located within the same county as that of the incorporated municipality and irrespective of whether or not it is adjacent or contiguous thereto.

§ 61-9-3

Any ordinance to incorporate properties constituting an airport or air navigational facility into the corporate boundaries of a municipality shall include the following provisions and shall be effective as follows:

(1) The ordinance shall accurately describe the metes and bounds of the property of the airport or air navigational facility to be incorporated; only such portions of property constituting the airport or air navigational facility as shall be owned by the municipality and properties in which easements have been acquired by it for streets, public utilities and public roads and used in connection therewith shall be subject to such incorporation.

(2) The ordinance shall provide that it shall not become operative until publication thereof shall have been made once each week for three (3) consecutive weeks in a newspaper, or newspapers, published or having a general circulation in the county or counties where both the municipality and such airport or air navigational facility shall be located.

(3) Subject only to the provisions hereof, and irrespective of the geographic location of the airport or air navigational facility in a county or judicial district other than the county or judicial district within which the principal office of the municipality is located, any such ordinance shall become effective upon the effective date fixed therein. On and after such effective date and on or after March 10, 1976, all laws, municipal ordinances, and local options effective in the municipality as a result of municipal, judicial district and county options exercised in the municipality, judicial district or the county within which the principal office of the municipality is located, and all other laws, orders, codes and resolutions of and applicable to the municipality availing or having availed itself of the provisions hereof as well as those of the board of supervisors of the county in which the principal office of the municipality is located, shall be applicable to such airport or air navigational facility; provided, however, that no permit for the sale of any alcoholic beverage as defined in Section 67-1-5, except an on-premises retailer's permit as authorized by Section 67-1-51(c), shall be issued for use at such airport or air navigational facility. Venue for the trial of all offenses against such laws and ordinances shall be in the county in which the airport or air navigational facility is located.

(4) Nothing in this section shall be construed to restrict the county wherein the airport or air navigational facility is geographically located from levying and collecting state, county and school district ad valorem taxes on taxable properties situated thereat; and nothing in this section shall operate to impair or restrict the detachment of territory from a municipal separate school district and the annexation thereof to a county school district under Section 37-7-609, whether occurring prior to or subsequent to March 10, 1976.

(5) Provided, however, that this chapter shall apply only to municipalities having a population of one hundred thousand (100,000) or more.

§ 61-9-5

If any municipality shall, pursuant to the authority of this chapter, incorporate into its corporate boundaries property situated in a county other than the county in which the principal office of the municipality is located, it shall not thereafter extend its boundaries into such other county, without, in addition to complying with all existing laws of this state governing or relating to the extension of corporate boundaries of municipalities, first obtaining the consent and approval of the board of supervisors of such county into which it desires to extend its corporate boundaries.

§ 61-9-7

Any person aggrieved by any municipal ordinance adopted pursuant to the provisions of this chapter shall be entitled to an appeal to the circuit court of the county in which the principal office of the municipality is located in the manner provided for appeals from judgments or decisions of municipal authorities as set forth in Section 11-51-75, Mississippi Code of 1972.

§ 61-9-9

The provisions of this chapter shall be independent of, and in addition to, all existing laws of this state governing the extension or enlargement of municipal corporate boundaries and shall apply to all municipalities, whether any such municipality be operating under the code charter, under the commission form of government, or under a special charter, and regardless of whether a different or special procedure be provided by any such special charter, or by any other laws of the state.

Chapter 11 Operation of Aircraft; Certification and Licensing of Pilots and Aircraft

§ 61-11-1

(1) It shall be unlawful for any person to operate an aircraft in the air or on the ground or water, while under the influence of intoxicating liquor, narcotics or other habit-forming drug, or to operate an aircraft in the air or on the ground or water, in a careless or reckless manner so as to endanger the life or property of another. In any proceeding charging careless or reckless operation of aircraft in violation of this section, the court in determining whether the operation was careless or reckless shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.

(2) It shall be unlawful for any person or persons to pursue, chase, hunt, take or kill any wild game or waterfowl from an aircraft, or to spot and communicate the location of any wild game from an aircraft to another for the purpose of hunting, killing or taking such wild game. Before a person may be arrested for a violation of the provision of this subsection that prohibits the spotting and communication of the location of wild game from an aircraft for the purpose of hunting, killing or taking such wild game, the arresting officer must have reasonable grounds and probable cause to believe that a violation has occurred. Any person convicted under this subsection (2) shall be subject to the penalties provided in Section 61-11-7, and shall also forfeit all hunting, trapping and fishing privileges for a period of not less than twelve (12) months from the date of conviction.

§ 61-11-3

It shall be unlawful for any person to operate or cause or authorize to be operated any civil aircraft within this state unless such aircraft has an appropriate effective certificate, permit or license issued by the United States, if such certificate, permit or license is required by the United States. It shall be unlawful for any person to engage in aeronautics as an airman in the state unless he has an appropriate effective airman certificate, permit, rating or license issued by the United States authorizing him to engage in the particular class of aeronautics in which he is engaged, if such certificate, permit, rating or license is required by the United States.

§ 61-11-5

When a certificate, permit, rating or license is required for an airman by the United States, it shall be kept in his personal possession when he is operating within the state and shall be presented for inspection upon the demand of any peace officer, or any other officer of the state or of a municipality or member, official or employee of the Mississippi Department of Transportation authorized pursuant to law to enforce the aeronautics laws, or any official, manager or person in charge of any airport upon which the airman shall land, or upon the reasonable request of any other person.

Where a certificate, permit or license is required by the United States for an aircraft, it shall be carried in the aircraft at all times while the aircraft is operating in the state, shall be conspicuously posted in the aircraft where it may be readily seen by passengers or inspectors, and shall be presented for inspection upon the demand of any peace officer, or any other officer of the state or of a municipality or member, official or employee of the Mississippi Department of Transportation authorized pursuant to law to enforce the aeronautics laws, or any official, manager, or person in charge of any airport upon which the aircraft shall land, or upon the reasonable request of any person.

§ 61-11-7

Any person violating any of the provisions of Sections 61-11-1 through 61-11-5, Mississippi Code of 1972, shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment of more than six (6) months, or both.

For any violation of the provisions of such sections, in addition to, or in lieu of, the penalties provided by the first paragraph of this section, or as a condition to the suspension of a sentence which may be imposed pursuant thereto, the court, in its discretion, may prohibit the violator from operating an aircraft within the state for such period as it may determine but not to exceed one year. Violation of the duly imposed prohibition of the court may be treated as a separate offense under this section or as a contempt of court. Upon a plea of guilty or conviction hereunder in any case involving a registrant, under the provisions of such sections, the court shall cause a notation of such plea or conviction and of the sentence imposed to be marked upon the pilot certificate or other evidence of pilot registration or receipt provided by the Mississippi Department of Transportation. The court shall cause a copy of its order or sentence to be forwarded to the commission, the cost of furnishing same to be added as a part of cost in such cause. In no event shall this paragraph be construed as warrant for the court or any other agency or person to take away, impound, hold or mark any federal airman or aircraft certificate, permit, rating or license, or to take away, impound or hold any state registration certificate or other evidence of such registration.

Chapter 13 Aircraft for Use of Governor, State Departments and Agencies

§ 61-13-1

The Department of Finance and Administration of the State of Mississippi, is authorized and empowered to purchase or lease, operate and maintain nonmilitary aircraft for use by the Governor's Office, state departments, agencies, boards and commissions, the Legislature, its officers and employees, all under the general direction of the Department of Finance and Administration.

§ 61-13-3

The Executive Director of the Department of Finance and Administration is authorized to employ pilots and such other technical and administrative personnel as he deems necessary in carrying out the provisions of this chapter, and to fix the compensation of all such employees, subject to the guidelines established by the State Personnel Board.

§ 61-13-5

The purchase of aircraft to be used for the purpose in this chapter shall be in compliance with Sections 31-7-1 through 31-7-21. The Department of Finance and Administration is hereby exempt from the requirements of Section 27-104-7(2)(f) when procuring aircraft maintenance, parts, equipment and/or services. It shall be the responsibility of the Executive Director of the Department of Finance and Administration to ensure commercially reasonable practices, including competitive pricing and superb industry maintenance standards. The selection process of maintenance facility shall consider: their capability and experience, the scope of work, the cost, and the length of time the aircraft will be out of service. The process undertaken by the Department of Finance and Administration for procurement of the maintenance facility shall be reported to the Public Procurement Review Board.

§ 61-13-7

This chapter shall not be construed so as to prevent the Department of Finance and Administration from permanently assigning aircraft to departments, institutions, commissions or agencies thereof. However, all airplanes owned by the State of Mississippi or by any department, institution, bureau, commission or agency thereof, with the exception of planes owned and operated by the various educational institutions of this state for educational purposes, shall be subject to the record-keeping provisions of this chapter and, in the discretion of the Department of Finance and Administration, such aircraft may be subject to the provisions of Section 61-13-15(2).

§ 61-13-9

The Department of Finance and Administration shall require of all planes operated under the provisions of this chapter an accounting on forms furnished by the Department of Finance and Administration, which shall show among other things the trips made, names of passengers carried, date of beginning and termination of trips, miles traveled, stops made, fuel consumed and cost per hour of operation.

§ 61-13-11

Whenever the Department of Finance and Administration under the direction of the Governor's office makes an airplane or airplanes available to some department, institution or agency of the State of Mississippi, the actual cost for the operation thereof during the time the aforesaid airplane is so assigned shall be charged to and paid for by the aforesaid department, institution or agency into the special fund set up in Section 61-13-17 for the operation of such airplanes, except planes used by the Governor and Lieutenant Governor.

§ 61-13-13

The Department of Finance and Administration is hereby authorized to obtain adequate comprehensive insurance coverage for each of such airplanes as may be purchased or operated under the provisions of this chapter and any other insurance deemed necessary by the Executive Director of the Department of Finance and Administration. The purchase of such insurance shall be on a bid basis in accordance with generally accepted practice for insurance purchases by departments of state government.

§ 61-13-15

(1) Any airplane purchased or operated under the provisions of this chapter which becomes surplus to the needs of the state may be sold by the Department of Finance and Administration upon the receipt of not less than three (3) sealed bids after three (3) public advertisements inviting such bids in some newspaper published in the State of Mississippi and having general circulation therein. The Department of Finance and Administration, may reject any or all bids and readvertise, in its discretion. The sums derived from such sale shall be placed in the special fund as established by Section 61-13-17 for the operation of airplanes purchased and operated under the provisions of this chapter.

(2) The Department of Finance and Administration shall proceed to sell one or more of the aircraft purchased prior to July 1, 1986, pursuant to this chapter. The sale of such aircraft pursuant to this subsection shall be subject to the bid requirements of subsection (1). It is the intent of the Legislature that the sale of such aircraft shall be timed to produce the maximum revenues at sale.

§ 61-13-17

There is hereby created a special fund in the State Treasury out of which all costs and expenses incurred pursuant to this chapter shall be paid. All salaries, allocations and charges for the cost of operating, repairing and servicing the airplanes shall be paid from this fund. The Legislature shall appropriate the necessary funds to carry out the purposes of this chapter. The Department of Finance and Administration shall disburse over his signature all funds expended for carrying out the provisions of this chapter.

Any monies in such fund which have been allocated for the operation, maintenance and repair of an aircraft which has been disposed of pursuant to Section 61-13-15 shall be transferred to the State General Fund.

§ 61-13-19

Any violation of the provisions of this chapter shall be punishable upon conviction by a fine of not to exceed five hundred dollars ($500.00).

§ 61-13-21

It is the intent of “the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544]” to transfer the powers of the Adjutant General, Military Department of the State of Mississippi, with regard to the purchase or lease, operation and maintenance of nonmilitary aircraft for use by the departments, agencies, boards and commissions, the Legislature, its officers and employees to the Department of Finance and Administration. The executive director may assign to appropriate divisions such powers and duties as he deems appropriate to carry out the lawful functions of the department.

The transfer shall include, but is not limited to, all aircraft, support equipment, tools, vehicles, hangars and other items associated with the operation of state aircraft. The affected agencies shall transfer complete title of the transferred items.

The provisions of “the Mississippi Executive Reorganization Act of 1989 [Laws, 1989, Chapter 544]” do not apply to military aircraft activities or to aircraft owned and operated by the various educational institutions for educational purposes, except that the planes owned and operated by the various educational institutions may be subject to the provisions of Section 61-13-15(2), Mississippi Code of 1972, at the discretion of the Department of Finance and Administration.

§ 61-13-23

Upon July 1, 1989, all state aircraft activity, except those excluded by Section 61-13-7, Mississippi Code of 1972, shall adhere to the maintenance and pilot proficiency requirements as established by either the Federal Aviation Administration or the Department of Finance and Administration. A policy manual and records of all aircraft operations shall be maintained by the department. All state aircraft shall be on call for emergency use, as determined by the Executive Director of the Department of Finance and Administration.

§ 61-13-25

The Department of Finance and Administration shall have the following powers, duties and functions with regard to state aircraft operations:

(a) To administer, maintain and schedule a comprehensive program of management of state aviation activities;

(b) To maintain a record of all flights made by state aircraft;

(d) To establish priorities concerning the use of state aircraft;

(e) To prepare and maintain a policy/procedure manual in order to standardize all state aviation activities;

(f) To reassign state aircraft, when needed, that are under the control of the department. The agency to which the aircraft is assigned shall pay the operating cost.

Chapter 15 Registration of Aircraft

§ 61-15-1

It shall be the duty of the State Tax Commission to promulgate any additional rules and regulations and designate forms and procedures for the implementation of this chapter.

§ 61-15-3

Notwithstanding any other definition thereof in any other statute, the term “aircraft” as used herein shall, for license and registration purposes, include any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air or airspace, manufactured by mass production or individually constructed or assembled, which are subject to registration with the Federal Aviation Administration.

§ 61-15-5

The following aircraft are exempt from provisions of this chapter:

(a) Aircraft manufactured within the state under an FAA approved type certificate which are owned and in the physical possession of the manufacturers as provided in subsection (4) of Section 61-15-7 of this chapter;

(b) Aircraft owned by charitable organizations and used solely for the furtherance of charitable purposes;

(d) Aircraft of the federal government, any agency thereof, any territory or possession thereof, any state government or agency or political subdivision thereof, and any aircraft of the Civil Air Patrol used solely in transaction of official business by a unit of the Civil Air Patrol;

(e) Aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft;

(f) Aircraft not currently licensed or holding a current airworthiness certificate by the Federal Aviation Administration;

(g) Aircraft taxable under the provisions of Sections 27-35-701 through 27-35-711; and

(h) Aircraft used for commercial fishing purposes and aircraft used primarily for agricultural purposes which are subject to the regulation of the Agricultural Aviation Board of the State of Mississippi pursuant to the Agricultural Aviation Licensing Law of 1966, Sections 69-21-101 through 69-21-125, Mississippi Code of 1972, and to which are issued current licenses by the Agricultural Aviation Board.

§ 61-15-7

(1) Except as otherwise provided in this chapter, every owner or person in charge of an aircraft which shall be based and operated on or from any airport of any type in this state shall file an application for a certificate of registration by mail or otherwise with the tax collector of the county in which the aircraft is based for each such aircraft. The State Tax Commission shall prescribe the form of such applications and shall make them available to the county tax collectors. The county tax collector may charge a fee not to exceed Two Dollars ($2.00) per application mailed to registrants to defray the expense of the mailing process; and such fee shall be in addition to the registration fee and shall be deposited to the credit of the county general fund. The registration shall be valid for the calendar year. The application for a certificate of registration shall contain:

(a) A description of each aircraft to be registered including the name of the manufacturer, aircraft registration number, type and maximum certificated gross weight; and

(b) The name and address of the owner of such aircraft and the county and municipality where aircraft is based.

The State Tax Commission may prescribe the form of renewal applications after the initial year of registration and shall make them available to county tax collectors.

(2)(a) All dealers in the sale of aircraft shall be exempt from registration requirements upon purchase of an “exemption license” from the tax collector of the county in which the business is located, cost of which shall be Two Hundred Fifty Dollars ($250.00). This exemption shall not apply to dealers' personal aircraft.

(b) Dealers' “sales aircraft” shall be exempt from payment of ad valorem taxes and registration fees as provided in Section 61-15-11 upon proof satisfactory to the tax collector of the county in which the business is located, that each particular aircraft is used for delivery and demonstration purposes only.

(3) All manufacturers of aircraft shall be exempt from registration requirements of inventory upon purchase of an “exemption license” from the tax collector of the county in which the business is located, the cost of which shall be Two Hundred Fifty Dollars ($250.00).

(4) Aircraft owners shall purchase the required certificate of registration within sixty (60) days after the date of purchase of the aircraft. Aircraft owners failing or refusing to purchase the required certificate of registration within the prescribed time shall be guilty of violating the provisions of this chapter, and shall be liable for the amount of the registration fee, plus a penalty as follows:

(a) For all aircraft registered pursuant to Section 61-15-11 with a maximum certified gross weight of three thousand six hundred (3,600) pounds or less, a penalty of Fifty Dollars ($50.00);

(b) For all aircraft registered pursuant to Section 61-15-11 with a maximum certified gross weight of more than three thousand six hundred (3,600) pounds but not more than ten thousand (10,000) pounds, a penalty of One Hundred Fifty Dollars ($150.00);

§ 61-15-9

(1) Upon receipt of an application for the registration of an aircraft, as herein provided, the county tax collector shall file such application and register such aircraft with the name and address of the owner, manufacturer or dealer, as the case may be, together with facts stated in such application under the distinctive number assigned to such aircraft in the manner prescribed by the State Tax Commission.

(2) Upon the filing of such application and the payment of the fee herein provided for, the county tax collector shall assign to that aircraft the distinctive license number used by the federal government to identify that aircraft, and issue and deliver to the owner a sticker containing a registration number to be posted on the aircraft in a conspicuous place at the discretion of the owner of such aircraft. Such stickers shall be furnished to the county tax collector by the State Tax Commission. Such certificate shall be subject to inspection by the State Tax Commission and/or the county tax collector. A list of each application and certificate shall be provided by the State Tax Commission to the Mississippi Department of Transportation. The State Tax Commission may provide each county and municipality with the full details of aircraft registrations and collections hereunder.

(3) In the event of loss, mutilation or destruction of a certificate of registration, the owner of a registered aircraft may obtain from the county tax collector a duplicate thereof upon filing with the county tax collector an affidavit showing the facts and upon the payment of a service charge of Ten Dollars ($10.00) for each duplicate.

(4) Such registration shall be renewed annually and in the same manner and upon payment of the same fee as provided for the original aircraft registration.

(5) The sale of registration certificates for aircraft shall be by the county tax collector.

(6) Registration of aircraft may be transferred upon payment of a fee of Ten Dollars ($10.00).

§ 61-15-11

(1) Registration fees shall be paid to and collected by the tax collector of the county in which the aircraft is based.

The registration and reregistration of aircraft shall be subject to the following schedule and rates:

(a) Aircraft other than those described in paragraph (b) of this subsection shall be taxed according to the following schedule:

MAXIMUM CERTIFICATED GROSS WEIGHT OF AIRCRAFT IN POUNDS	FEE
Less than 3,600	$ 25.00
3,601 through 10,000	250.00
10,001 and over	2,500.00

(b) Antique aircraft, as defined by the Federal Aviation Administration, sailplanes, balloons and home-built aircraft shall be subject to a flat rate fee of Twenty-five Dollars ($25.00);

(2) All administrative provisions of the Mississippi Sales Tax Law, including those which fix damages, penalties and interest for nonpayment of taxes, failure to file returns, and for other noncompliance with the provisions of said chapter, and all other requirements and duties imposed upon taxpayers, shall apply to all persons liable for taxes under the provisions of this chapter, and the commission shall exercise all the power and authority and perform all the duties with respect to taxpayers under this chapter as are provided in said Sales Tax Law, except that in cases of conflict, then the provisions of this chapter shall control.

(3) Aircraft purchased after January 1 of each year and subject to registration as herein provided shall be registered and taxed on a prorated basis by month. Registration fees shall be in lieu of all aircraft ad valorem taxes except as provided in subsection (4) of this section. All such monies collected shall be distributed as provided in this subsection.

The county tax collector shall determine for each county and for each municipality, if any, having aircraft within its boundaries which are subject to this chapter and the registration fees collected on aircraft in each county and municipality. The amount so determined due each county and municipality shall be divided equally between the county and municipality and the amount due the municipality shall be transmitted monthly to the city clerk of the municipality. The counties and municipalities shall allocate such revenues to funds in the same manner and proportion as revenues from ad valorem taxes within the county and municipality.

(4) The county tax collector shall make reasonable efforts to determine which aircraft in their county have been registered as required by this chapter. The county tax collector shall, on or before June 1 of each year, furnish to the tax assessor of their county a list of aircraft owners which have aircraft that are registered, setting forth the description of the aircraft and the location of the aircraft as to county and municipality. The tax assessor shall, upon receipt of the list, add the aircraft which have not been registered to the personal property roll of the county and of the municipality in which the aircraft may be located and such aircraft shall be taxed as other personal property within the county and municipality except as provided hereinafter. The county tax collector may accept registration fees, as follows:

(a) Fees on a prorated basis by month for aircraft purchased in a bona fide, good faith transaction after January 1 of the registration year; or

(b) Total fees and penalties for aircraft liable for registration on January 1 when the owner of the aircraft was the owner on January 1 of the registration year.

The tax assessor may remove an aircraft from the personal property rolls prior to December 31 of the registration year upon receipt of a notice from the county tax collector that the registration fees and penalties, when required, have been paid in full by the owner of the aircraft. The aircraft may not be removed from the personal property rolls after December 31 of the registration year.

§ 61-15-13

Authority is hereby given to the State Tax Commission to promulgate rules and regulations for the purpose of regulating and enforcing this chapter.

Chapter 17 Concealing or Misrepresenting Aircraft Identification Number; Non-Conforming Aircraft Fuel Containers

§ 61-17-1

It shall be unlawful, with intent to conceal or misrepresent the true identity of the aircraft, for any person, firm, association or corporation to knowingly possess, buy, sell, offer for sale, receive, dispose of, conceal or to endeavor to possess, buy, sell, offer for sale, receive, dispose of or conceal, any aircraft or part thereof on which the assigned aircraft identification number has been altered, removed, destroyed, covered or defaced, or to maintain such aircraft in any manner which conceals or misrepresents the true identity of the aircraft.

§ 61-17-3

It shall be unlawful, with intent to conceal or misrepresent the true identity of the aircraft, to fail to have the aircraft identification number clearly displayed on the aircraft and in compliance with Federal Aviation Administration regulations.

§ 61-17-5

It shall be unlawful for any person, firm, association or corporation to knowingly own, maintain or possess any aircraft which has been equipped with or had installed in its wings or fuselage, any fuel tank, bladder, drum or other container which will hold fuel and which does not conform to Federal Aviation Administration regulations or which has not been approved by the Federal Aviation Administration by special permit.

§ 61-17-7

It shall be unlawful for any person, firm, association or corporation to equip any aircraft with, or to install in the wings or fuselage of any aircraft, any fuel tank, bladder, drum or other container which will hold fuel and which does not conform to Federal Aviation Administration regulations or which has not been approved by the Federal Aviation Administration by special permit.

§ 61-17-9

It shall be unlawful for any person, firm, association or corporation to knowingly own or possess an aircraft which is improperly registered with intent to conceal or misrepresent the true identity of the aircraft. Any aircraft registered to a nonexistent person, firm, association, corporation or address shall be in violation of this section. Any aircraft registered to a firm, association or corporation that has no physical location, no corporate officers, or has lapsed into an inactive state shall be in violation of this section.

§ 61-17-11

Any law enforcement officer who has reason to believe and does believe that a violation of Sections 61-17-1 through 61-17-9 has occurred shall have probable cause to make further inspection of the aircraft in question to ascertain its true identity.

§ 61-17-13

Any person who violates Section 61-17-1 through 61-17-9 shall be guilty of a felony and, upon conviction, shall be imprisoned for not more than five (5) years or fined not more than Twenty-five Thousand Dollars ($25,000.00), or both.

Chapter 19 Aviation Hazards

§ 61-19-1

(1) For purposes of this section, the term anemometer means an instrument for measuring and recording the speed of the wind. For purposes of this section, the term anemometer tower means a structure, including all guy wires and accessory facilities, on which an anemometer is mounted for the purposes of documenting whether a site has wind resources sufficient for the operation of a wind turbine generator.

(2) Any anemometer tower that is fifty (50) feet in height above the ground or higher, that is located outside the exterior boundaries of any municipality, and whose appearance is not otherwise mandated by state or federal law shall be marked, painted, flagged, or otherwise constructed to be recognizable in clear air during daylight hours. Any anemometer tower that was erected before July 1, 2011, shall be marked as required in this section within one (1) year after July 1, 2011. Any anemometer tower that is erected on or after July 1, 2011, shall be marked as required in this section at the time it is erected. Marking required under this section includes marking the anemometer tower, guy wires, and accessory facilities as follows:

(a) The top one-third ( 1/3 ) of the anemometer tower shall be painted in equal, alternating bands of aviation orange and white, beginning with orange at the top of the tower and ending with orange at the bottom of the marked portion of the tower;

(b) Two (2) marker balls shall be attached to and evenly spaced on each of the outside guy wires;

(c) The area surrounding each point where a guy wire is anchored to the ground shall have a contrasting appearance with any surrounding vegetation. If the adjacent land is grazed, the area surrounding the anchor point shall be fenced. For purposes of this section, the term, area surrounding the anchor point, means an area not less than sixty-four (64) square feet whose outer boundary is at least four (4) feet from the anchor point; and

(d) One or more seven-foot safety sleeves shall be placed at each anchor point and shall extend from the anchor point along each guy wire attached to the anchor point.

A violation of this section is a misdemeanor.

Chapter 21 Uncrewed Aircraft Systems' Rights and Authorities Act

§ 61-21-1

This chapter shall be known and may be cited as the “Uncrewed Aircraft Systems' Rights and Authorities Act.”

§ 61-21-3

As used in this chapter, the following terms shall have the meanings herein ascribed unless the context clearly indicates otherwise:

(a) “Airspace” means the space above the land and waters of this state.

(b) “Uncrewed aircraft” means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

(c) “Uncrewed aircraft system” means an uncrewed aircraft and associated elements, including communication links and the components that control the uncrewed aircraft, that are required for the pilot in command to operate safely and efficiently in the national airspace system.

§ 61-21-5

(1) An individual, in compliance with federal law, may operate an uncrewed aircraft system for recreational purposes within this state.

(2) An individual or business entity, doing business lawfully within this state and in compliance with federal law, may operate or use an uncrewed aircraft system for commercial purposes within this state.

(3) An owner of an uncrewed aircraft or uncrewed aircraft system shall not be required to register such aircraft or system beyond what may be required by federal law and regulations.

§ 61-21-7

(1) A person is liable for an act or guilty of an offense committed with the aid of an uncrewed aircraft system if the uncrewed aircraft system is under the person's operation or control and the activity performed with the aid of the uncrewed aircraft system would have given rise to civil or criminal liability under the laws of this state, if it was performed directly by the person without the aid of an uncrewed aircraft system.

(2) An uncrewed aircraft can be the instrumentality by which a tort in violation of privacy rights may be committed under federal or state law.

§ 61-21-9

(1) The state, through a duly adopted and enforceable agency-issued rule or regulation or other grant of authority, may:

(a) Provide for the operation of an uncrewed aircraft system by or on behalf of the state or that is owned by the state; and

(b) Provide for or prohibit:

(i) The launch of an uncrewed aircraft from property owned by the state;

(ii) The intentional landing of an uncrewed aircraft onto property owned by the state; or

(iii) The presence of a pilot actively in command of such uncrewed aircraft system on property owned by the state.

(2)(a) Except as otherwise expressly provided in this section, a political subdivision may not enact or enforce an ordinance that relates to the:

(i) Ownership, operation, design, manufacture, testing, maintenance, licensing, registration, or certification of an uncrewed aircraft system, including, but not limited to, airspace, altitude, flight paths, or equipment requirements; or

(ii) Qualifications, training, or certification of a pilot, operator, or observer of an uncrewed aircraft system.

(b) This subsection does not limit the authority of a political subdivision to:

(i) Adopt an ordinance that enforces Federal Aviation Administration restrictions;

(ii) Adopt or enforce an ordinance that relates to the operation of an uncrewed aircraft system:

By or on behalf of such political subdivision; or
That is owned by such political subdivision;

(iii) Adopt or enforce generally applicable ordinances that relate to nuisances, voyeurism, harassment, reckless endangerment, property damage, or other illegal acts arising from the use of uncrewed aircraft systems, so long as such ordinances are not specifically related to the use of an uncrewed aircraft system for those illegal acts; or

(iv) Adopt or enforce an ordinance that regulates:

The launch of an uncrewed aircraft from property owned by the political subdivision;
The intentional landing of an uncrewed aircraft onto property owned by the political subdivision; or
The presence of a pilot actively in command of such uncrewed aircraft system on property owned by the political subdivision.

(3) Nothing in this section shall be construed to prohibit:

(a) The take-off or landing of an uncrewed aircraft as deemed reasonable or necessary by private or public entities for emergency or maintenance support functions or services, including the protection and maintenance of public or private critical infrastructure, including broadband infrastructure;

(b) The landing of an uncrewed aircraft by an operator in compliance with Federal Aviation Administration regulations as deemed reasonable or necessary by the operator in the event of a technical malfunction of an uncrewed aircraft system;

(c) The take-off or landing of an uncrewed aircraft being operated by a sworn public safety officer in the performance of his duties; or

(d) The take-off or landing of an uncrewed aircraft owned or operated by the United States government, or any operator under contract with any agency of the United States government, in performance of his assigned duties.

§ 61-21-11

Nothing in this chapter shall preempt the exclusive sovereignty of airspace of the United States as set forth in federal law. Any interpretation or application of any provision of this chapter that contradicts the exclusive authority of the United States government to regulate the operation of uncrewed aircraft and uncrewed aircraft systems in the airspace of the United States shall be null.

Chapter 23 Mississippi Aviation Safety Act

§ 61-23-1

This chapter shall be known and may be cited as the “Mississippi Aviation Safety Act.”

§ 61-23-3

As used in this chapter the following terms shall have the meanings ascribed in this section, unless context clearly requires otherwise.

(a) “Agricultural purposes” means farming in all its branches and the cultivation and tillage of the soil, the production, cultivation, growing and harvesting of any agricultural or horticultural commodities performed by a farmer or on a farm, or on pasture land or rangeland.

(b) “Appropriate entities” means the Federal Aviation Administration and the Mississippi Agricultural Aviation Association.

(c)(i) “Covered tower” means a structure that:

Is a meteorological evaluation tower (MET), a self-standing tower, real-time kinematic tower or tower supported by guy wires and ground anchors;
Is ten (10) feet or less in diameter at the above-ground base, excluding the concrete footing;
At the highest point of the structure, is at least fifty (50) feet above ground level;
At the highest point of the structure, is not more than two hundred (200) feet above ground level;
Has accessory facilities on which an antenna, sensor, camera, meteorological instrument or other equipment is mounted to document whether a site has sufficient wind resources to operate a wind turbine generator; and
Is located on land that is in a rural area and used for agricultural purposes or, immediately adjacent to such land;

(ii) “Covered tower” does not include any structure that:

Is a street light erected or maintained by a federal, state, local, or tribal entity;
Is an advertising billboard;
Is registered with the Federal Communications Commission under the Antenna Structure Registration program set forth under Part 17 of Title 47, Code of Federal Regulations, and is determined by the FAA Administrator to pose no hazard to air navigation; or
Has already mitigated any hazard to aviation safety in accordance with Federal Aviation Administration guidance or as otherwise approved by the Administrator.

(d) “Real-time kinematic (RTK) position tower” means a tower used to supplement the global positioning system (GPS) to provide highly accurate positioning and navigation data technology in a wide range of applications, from surveying and mapping to agriculture and construction.

(e) “Rural area” means a city, town or unincorporated area that has a population of not more than ten thousand (10,000) inhabitants, as defined in the Public Utility Regulatory Policies Act of 1978 (7 USCS Section 918c(a)(5)).

(f) “Structure” means, but is not limited to, meteorological evaluation towers, real-time kinematic positioning towers, an currently unregulated nondisclosed structures greater than fifty (50) feet and less than two hundred (200) feet in height which endanger aviation operators unaware of said structure.

§ 61-23-5

(1) Beginning on July 1, 2024, pursuant to the FAA Reauthorization Act of 2018 and use of the database developed by the FAA Administrator, the owning entity of all existing or newly constructed covered towers and structures, whether regulated or unregulated nondisclosed within the state, and before the completion of construction of the structure, shall, by electronic communication with the appropriate entities, disclose:

(a) The height of such covered tower or structure;

(b) The precise location of latitudinal and longitudinal coordinates; and

(2)(a) The appropriate entities shall keep the databases for which they are responsible for maintaining, current to the extent practicable, and ensure that any proprietary information in the database is protected from disclosure in accordance with law, which shall be accessible via the entities' website or develop mobile application.

(b) The appropriate entities shall ensure that, by virtue of accessing the database, users agree and acknowledge that information in the database:

(i) May only be used for aviation safety purposes; and

(ii) May not be disclosed for purposes other than aviation safety, regardless of whether or not the information is marked or labeled as proprietary or with a similar designation.