Chap. 220.—An ACT to authorize counties, cities and towns in this State to ac-
quire, by condemnation or otherwise, lands for airports and landing fields, and
easements and privileges in and over other lands; to construct, maintain and
operate airports, landing fields and other air navigation facilities : to accept and
use Federal aid for aviation purposes; and to exercise other powers incidental
to the acquisition and use of airports and landing fields. [H B 372]

Approved March 23, 1946

Be it enacted by the General Assembly of Virginia, as follows:

1. Section 1. Counties, cities and towns authorized to acquire
and operate airports and landing fields——The governing body of any
county in this State may acquire within the limits of such county, and the
governing body of any city or town in this State may acquire within or
without the limits of such city or town, by purchase, lease, gift, con-
demnation or otherwise, whatever land may be reasonably necessary for
the purpose of establishing, constructing, enlarging, maintaining and
operating airports, or landing fields; may acquire, establish, construct,
enlarge, improve, maintain, equip, operate, and regulate the use of such
airports, air landing fields, structures, air navigation facilities and other
property incidental thereto; may make, prior to such acquisition, in-
vestigations, surveys and plans and enter upon any lands or waters for
such purpose; may construct, install, maintain and operate facilities for
the servicing of aircraft, and for the accommodation and comfort of air
travelers; may purchase and sell equipment and supplies as an incident
to the operation of its airport properties; and may use for airport pur-
poses any available property that 1s now or hereafter owned or con-
trolled by it.

Section 2. Easements and privileges outside of airport boundaries.
—Wrhere necessary to provide unobstructed air space for the landing and
taking off of aircratt utilizing airports or landing fields acquired or op-
erated by any county, city or town under the provisions of this act, any
such county, city or town may acquire, in the same manner as is pro-
vided for the acquisition of land for airport purposes, easements through
or other interests or privileges with respect to lands or waters outside the
boundaries of such airports or landing fields which are necessary to in-
sure safe approaches to such airports or landing fields and the safe and
efficient operation thereof; and may also acquire in like manner, for a
term of years or perpetually, the right of easement to place and main-
tain suitable signs or markers or lights to adequately locate and mark ob-
jects or structures or uses of lands which are hazardous to aircraft using
such airports or landing fields, including the right of ingress and egress to
and from such airport hazards for the purpose of maintaining and re-
pairing such signs and lights.

Section 3. Public purpose declared.—The acquisition of any lands,
easements or privileges under the provisions of this act are hereby de-
clared to be public, governmental and municipal functions exercised for a
public purpose, and such lands, easements and privileges so acquired and
used by such counties, cities and towns in the manner and for the pur-
poses set out in this act, are hereby declared to be acquired and used for
public, governmental and municipal purposes, and to be within the defini-
tion of property acquired for a public use as such term is used in section
fifty-eight of the Constitution of Virginia.

Section 4+. Right of eminent domain given; how exercised.—The
counties, cities and towns of the State are hereby granted full power to
exercise the right of eminent domain in the acquisition of any lands, ease-
ments and privileges which are necessary for airport and landing field
purposes. Proceedings for the acquisition of such lands, easements and
privileges by condemnation may be instituted and conducted in the name
of such county, city or town, and the procedure shall be mutatis mutandis
the same as in the acquisition of land by condemnation proceedings insti-
tuted by railroads. No proceedings had under this act for acquiring by
condemnation any easement, right or privilege over or with respect to land
outside the boundaries of any airport or landing field shall be effective to
acquire any easement, right or privilege inconsistent with the continued
use of such land for the same purposes for which it had been used prior
to such acquisition, or inconsistent with the maintenance, preservation
and renewal of any structure or any tree or other vegetation standing or
growing on said land at the time of such acquisition, provided that the
right of condemnation granted herein shall be subject to the same provi-
sions as are provided in section thirty-eight hundred thirty-two of the
Code of Virginia concerning the condemnation of any property belonging
to a corporation possessing the power of eminent domain by another
public service corporation.

Section 5. Joint action by counties, cities and towns.—All powers.
rights and authority granted to counties, cities and towns under this act
may be exercised and enjoyed jointly by any two or more of such politi-
cal subdivisions within or without the territorial limits of either or any
of them, or if one or more of such political subdivisions be a county, then
within such county or one of such counties, and the political subdivisions
so acting jointly may enter into such agreements with each other as may

necessary or proper for the exercise and enjoyment of the joint pow-
ers thereby granted, and for joint action in carrying out the general pur-
poses of this act.
Section 6. Division of Aeronautics may be designated to receive
and handle federal funds.—Any county, city or town in this State may
accept, receive and receipt for federal moneys, and other moneys, either
public or private, for the acquisition, construction, enlargement, improve-
ment, maintenance and operation of airports and landing fields and other
air navigation facilities, and is authorized and empowered to comply
with the provisions of the laws of the United States and any rules and
regulations made thereunder for the expenditure of federal moneys in
connection with such airports, landing fields, and air navigation facilities.

The governing body of any county, city or town is authorized to
designate the Division of Aeronautics of the State Corporation Commis-
sion as its agent to accept, receive, and receipt for federal moneys granted
in its behalf for airport purposes, and as such agent to contract for the
acquisition, construction, enlargement, improvement, maintenance, equip-
ment or operation of any such airports, or other air navigation facilities.
Any such governing body may enter into an agreement with the Division
of Aeronautics prescribing the terms and conditions of such agency in ac-
cordance with Federal laws, rules and regulations and applicable laws of
this State.

Section 7. Public waters and submerged lands included.—The pow-
ers herein granted to counties, cities and towns include the power to es-
tablish, maintain and operate airports and landing areas and other air
navigation facilities in, over and upon any public waters of this State, or
any submerged land under such public waters, within the limits or juns-
diction of or bordering on such counties, cities or towns.

Section 8. Limitation.—This act shall not be so construed as to
limit any right, power or authority to zone property under the provisions
of any law of this State.

Section 9. Use, disposal and termination of rights acquired.—No
easements, rights or privileges acquired under the terms of this act by
any county, city, or town shall be employed or disposed of except to ac-
complish the purposes for which they were originally acquired, and upon
the abandonment of any airport or landing field acquired pursuant to
this act all easements, rights and privileges which shall have been so ac-
quired over or with respect to adjacent lands shall thereupon terminate.