Code of Alabama

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23-1-379
Section 23-1-379 Acquisition of easements and other airport protection privileges. Where necessary,
in order to provide unobstructed airspace for the landing and taking off of aircraft utilizing
airports and restricted landing areas acquired or operated under this article, the department
may acquire, in the same manner as provided in Section 23-1-378, easements through or interests
in airspace over land or water, interests in airport hazard areas outside the boundaries of
the airports or restricted landing areas, and other airport protection privileges as necessary
to insure safe approaches to the landing areas of airports and restricted landing areas and
the safe and efficient operation thereof. The department may acquire, in the same manner,
the right or easement, for a term of years or perpetually, to place or maintain suitable marks
for the daytime marking and suitable lights for the nighttime marking of airport hazards,
including the right of ingress and egress to or from airport...
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23-1-352
Section 23-1-352 Definitions. 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 requires
otherwise: (1) AERONAUTICS or AERONAUTICAL ACTIVITIES. The science and art of flight including,
but not limited to, transportation by aircraft; the operation, construction, repair, or maintenance
of aircraft, aircraft power plants and accessories, including the use, repair, packing, and
maintenance of parachutes; the design, establishment, construction, expansion, operation,
improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation
facilities including the aerial and ground approaches thereto; and instruction in flying or
ground subjects pertaining thereto. (2) AERONAUTICAL INSTRUCTION. The imparting of aeronautical
knowledge or information by any aeronautics...
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23-1-371
Section 23-1-371 Formulation, adoption, of aircraft approach plans; airspace reservations.
(a) The Legislature finds that an airport hazard endangers the lives and property of the general
public, the users of airports, and the occupants of land in their vicinity, and 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, the creation, establishment, or maintenance of an airport hazard is a public
nuisance and harms the community served by the affected airport; it is therefore necessary
in the interest of the public health and safety and general welfare that the creation or establishment
of airport hazards be prevented and both the prevention of the creation or establishment of
airport hazards and the elimination, removal, alteration, mitigation, abatement, or marking
or lighting of existing airport hazards are public purposes for which...
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23-1-358
Section 23-1-358 Director - Powers and duties generally. In addition to all other responsibilities
prescribed for the department by this article, the director shall have the following powers
and duties with respect to aeronautics activities within this state: (1) Cooperate with the
United States government and any agency or department thereof in the acquisition, construction,
improvement, maintenance, and operation of airports and other air navigation facilities in
this state. (2) Comply with the provisions of the laws of the United States and any rules
or regulations made thereunder for the expenditure of federal monies upon airports and air
navigation facilities. (3) Enter or authorize the entering of land for the purpose of making
surveys, inspections, and examinations relative to the establishment, construction, expansion,
improvement, operation, and general safety of airports, restricted landing areas, and other
air navigation facilities. (4) Acquire easements through or other...
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23-1-411
Section 23-1-411 Definitions. As used in this article, the following terms have the following
meanings: (1) AIRPORT. Any area of existing land or man-made construction, except a restricted
landing area, that is currently used, made available, or designed for the landing and takeoff
of aircraft, whether or not facilities are provided for the shelter, servicing, maintenance,
or repair of aircraft, and whether or not facilities are provided for receiving and discharging
passengers or cargo, so long as such area meets the minimum requirements as to size, design,
surfacing, marking, equipment, and management provided by the department for airports owned
or operated by a political subdivision. A military airport under the control of the federal
government is an airport for purposes of this article. For purposes of this article, only
a publicly owned, public use airport shall be considered to be an airport; provided, however,
that a heliport shall not be considered to be an airport for...
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4-3-11
Section 4-3-11 Powers of authority generally. The authority shall have the following powers,
together with all powers incidental thereto or necessary to the discharge thereof in corporate
form: (1) To have succession by its corporate name for the duration of time (which may be
in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its
own name in civil suits and actions, excepting actions in tort against the authority; (3)
To adopt and make use of a corporate seal and to alter the same at pleasure; (4) To adopt
and alter bylaws for the regulation and conduct of its affairs and business; (5) To acquire,
receive, take and hold, whether by purchase, gift, lease, devise or otherwise, property of
every description, whether real, personal or mixed, whether in one or more counties and whether
within or without the corporate limits of any authorizing subdivision, and to manage said
property, and to develop any undeveloped property owned, leased or controlled by...
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4-3-47
Section 4-3-47 Powers of authority generally. The authority shall have the following powers,
together with all powers incidental thereto or necessary to the discharge thereof in corporate
form: (1) To have succession by its corporate name for the duration of time (which may be
in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its
own name in civil actions, excepting actions in tort against the authority; (3) To adopt and
make use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws
for the regulation and conduct of its affairs and business; (5) To acquire, receive, take
and hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties and
whether within or without the corporate limits of any authorizing subdivision, and to manage
said property and to develop any property and to sell, exchange, lease or...
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23-1-378
Section 23-1-378 Acquisition, construction, operation of airports, facilities, power of condemnation
generally. (a) The department may on behalf of and in the name of the state, within the limitation
of appropriations or other funds available, acquire, by purchase, gift, devise, lease, condemnation
proceedings or otherwise, property, real or personal, for the purpose of establishing and
constructing airports, restricted landing areas, and other air navigation facilities and to
acquire, own, control, establish, construct, enlarge, improve, maintain, equip, operate, regulate,
and police airports, restricted landing areas, and other air navigation facilities within
the state; make investigations, surveys or plans prior to any acquisition; and erect, install,
construct, and maintain at airports facilities for the servicing of aircraft and for the comfort
and accommodation of air travelers. (b) The department may not acquire, or take over any airport,
restricted landing area, or other air...
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23-1-373
Section 23-1-373 Certificate of approval or license for airport, landing field - Standards
for issuance. In determining whether to issue a certificate of approval or license for any
proposed airport or restricted landing area, the director may consider proposed location,
size, and layout, the relationship of the proposed airport or restricted landing area to other
airports that may exist in the area and to a comprehensive plan for statewide and nationwide
airport development, whether there are safe areas available for expansion purposes, whether
the adjoining area is free from obstructions or airport hazards based upon appropriate aircraft
performance characteristics, and the nature of the terrain, the estimated cost of preparation
of the land and the airport's approach and departure paths, and the nature of the uses to
which the proposed airport or restricted landing area will be put subject to the possibilities
for other future aeronautical development. (Act 2000-220, p. 328, ยง26.)...
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23-1-375
Section 23-1-375 Operation of airport, landing field, without license prohibited; application
for certificate of approval of proposed airport or landing field; limitation of operations
conducted on licensed airport. (a) Except as otherwise provided in this article, a person
or a municipality, officer, or employee of a municipality may not operate an airport, restricted
landing area, or other air navigation facility without a license issued by the department.
All proposed airports, restricted landing areas, and other air navigation facilities shall
be licensed by the department prior to use and operation. Any municipality, county, airport
authority, or person acquiring property for the purpose of constructing or establishing an
airport or restricted landing area shall, prior to acquisition, apply to the department for
a certificate of approval of the site selected and the general purpose or purposes for which
the property is to be acquired, to insure that the property and its use...
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