Chap. 416.—An ACT to amend and re-enact Chapter 344, Acts 1930, entitled “an
act to amend the Code of Virginia by adding thereto ten new sections, num-
bered 3074-a to 3074-i, both inclusive, authorizing and empowering cities and
incorporated towns in this Commonwealth to acquire by lease, purchase or
condemnation proceedings any land within, or (with the consent of the local
authorities where such land is situated) without the limits of said cities or
towns for the purpose of establishing and maintaining municipal airports or
aviation landing fields, and to establish, construct, improve, equip, maintain
and operate said airports or landing fields, and to provide for the procedure
in cases of condemnation and the extent of title acquired; authorizing the lease
by the said cities or incorporated towns of the whole or portions thereof to
individuals or corporations and the operation of the same, or any part thereof,
on such terms and subject to such conditions as may be provided by the local
legislative body of said city or incorporated town, and the lease thereof to the
government of the United States upon nominal or other rental, or without
consideration for aviation, mail delivery or other aviation purposes,” approved
March 24, 1930, to extend the provisions thereof to counties. [S B 301]

Approved March 30, 1936

1. Be it enacted by the General Assembly of Virginia, That the
sections thirty hundred and seventy-four-a to thirty hundred and
seventy-four-i, both inclusive, being chapter three hundred and forty-
four, Acts nineteen hundred and thirty, be amended and re-enacted
so as to read as follows:

Section 3074-a. That all cities, incorporated towns and counties
of the Commonwealth and any two or more thereof jointly are hereby
authorized and empowered to acquire, establish, construct, own,
control, lease, equip, improve, maintain and operate airports for the
use of airplanes within or without the limits of any such city, town
or county, provided that, in the case of any county, the exercise of
the authority hereof beyond its territorial boundaries shall be only
in combination with an adjacent city, incorporated town and/or
county, and may use for such purpose or purposes any property suit-
able therefor that is now or may at any time hereafter be owned or
controlled by any such city, town, or county, provided, however, that
no such city, town, or county shall establish and/or operate any air-
port without the permission of the State Corporation Commission
first had and obtained, as provided, now or hereafter by law.

Section 3074-b, Any lands, acquired, owned, controlled or occu-
pied by such cities, towns and/or counties for the purposes enum-
erated in section thirty hundred and seventy-four-a hereof shall and
are hereby declared to be acquired, owned, controlled and occupied
for a public purpose, and as a matter of public necessity, and such
cities, towns and counties shall have the right to acquire the neces-
sary properties, easements and other rights for such purpose or pur-
poses under the power of eminent domain as and for a_ public
necessity.

Section 3074-c. Private property needed by any city, incorporated
town and/or county for an airport or landing field shall be acquired
by purchase, if the city, town and/or county is able to agree with
the owners on the terms thereof, and otherwise by condemnation in
the manner provided by law under which the city, town or county is
authorized to acquire real property for public purposes other than
street purposes, or, if there be no such law, in the manner provided
for by chapter one hundred and seventy-six of the Code of Virginia.

Section 3074-d. The title acquired by the city, town or county
exercising the power of eminent domain shall be in fee simple.

Section 3074-e. The purchase price or award for real property
acquired for an airport or landing field may be paid for by the
appropriation of moneys available therefor or wholly or partly paid
from the proceeds of the sale of bonds of the city, town and/or
county as the local legislative body, or other proper authority, of the
city, town or county shall determine, and such city, town or county
is hereby authorized to issue bonds for such purpose or purposes,
subject, however, to the adoption of a proposition therefor at an elec-
tion, if the adoption of such a proposition is a prerequisite to the
issuance of bonds by any such political subdivision of the State for
public purposes generally.

Section 3074-f. The local legislative body, or other proper author-
ity, of a city, incorporated town or county which has established an
airport or landing field and acquired, leased or set apart property for
such purpose, may construct, improve, equip, maintain and operate
the same, or may vest jurisdiction for the construction, improvement,
equipment, maintenance and operation thereof in any suitable officer,
board or body of such city, town or county; provided, however, that
no such city, town and/or county shall operate an airport without
the permission of the State Corporation Commission first had and
obtained, as now or hereafter provided by law. The expenses of
such construction, improvement, equipment, maintenance and opera-
tion shall be a charge upon such political subdivision, as the case
may be, subject to all applicable constitutional provisions. The local
legislative body, or other proper authority, of such city, town, or
county, or of each where such airport is jointly operated, may adopt
regulations not in conflict with the rules and regulations adopted
and promulgated by the State Corporation Commission or which may
hereafter be adopted and/or promulgated by it and establish fees or
charges for the use of such airport or landing field or may authorize
an officer, board or body of such city, town or county having juris-
diction to adopt such regulation and establish such fees and charges.
The local police authorities of any city, incorporated town or county
shall have jurisdiction on the premises of any airport or landing field
operated hereunder, either individually or jointly.

Section 3074-g. Any city, town or county acquiring land under
the provisions of this act may individually or jointly where so
operated lease the same, or part thereof, to any individual or corpora-
tion desiring to use the same for the purpose of operating an air-
port or landing field, or for the purpose of landing or starting air-
planes therefrom or for other aviation purposes, and on such terms
and subject to such conditions and regulations as may be provided,
and any city, town and/or county may enter into a contract in the
form of a lease providing for the use of said land, or any part
thereof, by the government of the United States for the use by said
government of said land for aviation, mail delivery or other aviation
purposes upon nominal or other rental or without consideration, pro-
vided, however, that such lease to an individual or a corporation or
to the government of the United States shall not be of any force,
effect or validity until the same shall be approved by the State Cor-
poration Commission of Virginia.

Section 3074-h. The local authorities of any city, town or county
to which this act is applicable, having power to appropriate money
therein, may annually appropriate or cause to be raised by taxation
in such city, town or county a sum sufficient to carry out the provi-
sions of this act.

Section 3074-i. All acts or parts of acts inconsistent herewith are
all hereby repealed.

2. If any provision of this act or the application thereof is held
invalid, such invalidity shall not affect provisions or applications of
the act which can be given effect without the invalid provision or ap-
plication, and to this end the provisions of this act are declared to be
severable.

3. An emergency existing, this act shall be in force from its
passage.