CHAPTER 576

An Act to revise, rearrange, amend and recodify the general laws of
Virginia, relating to aviation; to that end to repeal Title 5 of the Code
of Virginia, which title includes Chapters 1 to 6 and §§ 5-1 to 5-61,
inclusive, of the Code of Virginia, as amended, which title relates to
aviation; to amend the Code of Virginia by adding thereto, in lieu of
the foregoing title, chapters and sections of the Code repealed by
this act, a new title numbered 5.1, which title includes new chapters
numbered 1 to 6, inclusive, and new sections numbered 5.1-1 to
5.1-76, inclusive, relating to aviation; to prescribe when such revision
and recodification shall become effective, and to repeal ali acts ana
parts of acts in conflict with the provisions of this act.

(H 22)
Approved April 5, 1966

Be it enacted by the General Assembly of Virginia:

1. That Title 5 of the Code of Virginia, which title includes Chapters 1
to 6 aa §§ 5-1 to 5-61, inclusive, of the Code of Virginia, as amended, is
repealed.

2. That the Code of Virginia be amended by adding thereto, in lieu of
the title, chapters and sections of the Code of Virginia herein repealed, a
new title numbered 5.1, new chapters numbered 1 to 6, inclusive, and new
sections numbered 5.1-1 to 5.1-76, inclusive, which new title, chapters
and sections are as follows:

CHAPTER 1.

Aircraft, Airmen and Airports Generally.
Article 1.
General Provisions.
_ § 5.1-1. When used in this chapter, unless expressly stated other-
wise:
(a) “Commission” means the State Corporation Commission.
_. (b) “Person” means any individual, corporation, government, po-
litical subdivision of the state, or governmental subdivision or agency, busi-
ness trust, estate, trust, partnership, two or more of any of the foregoing
smh a joint or common interest, or any other legal or commercial
entity.

(c) “Aircraft”? means any contrivance now known, or hereafter in-
vented, used or designed for navigation of or flight in the air, including a
parachute or other contrivance designed for sport jumping or maneuvering
in air space.

(d) “Public aircraft” means an aircraft used exclusively in the
service of any state or the federal government.

Ps e) “Civil aircraft’? means any aircraft other than a public air-
craft.

(f) “Airman” means any individual, including the person in com-
mand, and any pilot, mechanic, or member of the crew, who engages in
the navigation of aircraft while under way, including any person in sport
jumping using a parachute or other contrivance designed for such sport
within Virginia air space, and any individual who is directly in charge
of the inspection, maintenance, overhauling or repair of aircraft, aircraft
engines, propellers or accessories; and any individual who serves in the
capacity of aircraft dispatcher.

; (g) “Airport” means any area of land or water which is used, or
intended for public use, for the landing and take-off of aircraft, and any
appurtenant areas which are used, or intended for use, for airport build-
ings or other airport facilities or rights-of-way, easements and together
with all airport buildings and facilities located thereon.
(_h) “Landing area” means any locality, whether over land or water,
including airports and intermediate landing fields, which is used or in-
tended to be used for the landing and take-off of aircraft, and open to the
public for such use, whether or not facilities are provided for the shelter-
ing, servicing or repair of aircraft, or for receiving or discharging pas-
sengers or cargo.

__ (i) “Air space” means all that space above the land and waters
within the boundary of this State.

(j) “Drop Zone” means any locality whether over land or water
which is used, or intended for use, for the landing and recovery of sk
divers, or parachutists using a parachute or other contrivance designed fo
sport jumping.

§ 5.1-2. (a) The Commission shall administer the provisions c
this chapter, and for such purpose is authorized to promulgate such rule
and regulations relating to airports, aircraft, air traffic, construction an
inspection of aircraft, qualifications and licensing of airmen, stunt flyins
and such other kindred matters and things as the Commission may dee!
proper and necessary to promote and develop safe traffic by aircraft. (b
The Commission shal] prescribe reasonable regulations for the operatio
of all airports, landing fields and other aviation facilities constructer
maintained or improved in whole or in part with funds appropriated b
the General Assembly. Subject to such regulations, the public shall hav
access to every such airport, landing field and facility.

§ 5.1-8. The Division of Aeronautics of the Department of Corpor:
tions is hereby continued. The Commission shall administer the laws of th
Commonwealth relating to (1) the licensing of airports, landing field
drop zones, aircraft and airmen, (2) the construction, maintenance an
improvement of public airports, landing fields and other aviation facilitie:
and (3) the promotion of aviation in the interest of the public.

§ 5.1-4. Within the limits of appropriations made for such pu!
poses, the Commission is authorized to purchase an airplane for the us
of the Division of Aeronautics, and to purchase land for and to construc
maintain and improve airports, landing fields and other aviation facilitie
within the State for the promotion of aviation in the interest of the put
lic; and neither the appropriations nor any part thereof may be tran:
ferred or used for any other purpose than is specified in this section.

§ 5.1-5. The Commission shall provide for the issuance, expiratio!
suspension and revocation of licenses of aircraft in accordance with reg
lations promulgated by it. It shall furnish any necessary forms pursuar
to the issuance of such licenses, and mav assess a fee for such issuanc
not in excess of five dollars annually. The Commission may in lieu ¢
individual aircraft licenses issue to aircraft dealers a dealer license coverin
all aircraft owned by the individual dealer and may assess a fee for suc
issuance not in excess of fifty dollars annually.

§ 5.1-6. The Commission shall provide for the issuance, expiratio?
suspension and revocation of licenses of airmen in accordance with regt
lations promulgated by it. It shall furnish any necessary forms pursuar
to the issuance of such licenses, and may assess a fee for the issuance
licenses not in excess of six dollars every three years for airmen. }

5.1-7. Every person before operating an airport, drop zone or lanc
ing area shall first secure from the Commission a license. The applicatio
therefor shall be made on the form prescribed and furnished by the Com
a and shall be accompanied by a fee not exceeding one hundre
dollars.

§ 5.1-7.1. Any person owning an area for landing any aircraft, whic
area has been constructed by such person for his private use and which |
not open to the general public, shall be required to register, upon form
furnished by the Division of Aeronautics of the State Corporation Con
mission, such landing area, with the Division of Aeronautics of the Stat
Corporation Commission and with the Federal Aviation Agency.

§ 5.1-8. It shall be unlawful for any person to operate or conduc
any airport or landing field for the landing or departure of any civil au
craft engaged in commercial aviation until a permit therefor shall be i
sued by the Commission. Before issuing such permit the Commission sha
if the proposed airport or landing field shall be so situated as to en-
danger aircraft using the same or any other airport or landing field in
close proximity, or proper provisions have not been made in other respects
for the safety of aircraft alighting thereon or departing therefrom, the
permit shall not be granted. Any party aggrieved by the granting or
refusal of any such permit shall have an appeal as of right to the Su-
preme Court of Appeals, which shall hear and determine the case in the
same manner as appeals are heard from the action of the Commission on
applications to operate motor busses for transportation of passengers or
reight.

§ 5.1-9. All fees or sums collected by the Commission under the
pee of this chapter shall be paid into the special fund created by

§.1-51.

§ 5.1-10. (1) (a) Jurisdiction And Procedure. — In ordinary cases
the Commission shall have jurisdiction at the instance of any resident of
this State, upon affidavit by such resident duly sworn to, or of its own
motion, and upon such facts and established in such manner as required
in a court of equity for purposes of an injunction, after at least five
days’ notice to the party defendant and an opportunity to be heard, such
notice to be accompanied by a statement of the facts and charges upon
which action is proposed, to issue a cease and desist order in the nature
of a temporary injunction and restraining order in the matter of, and
against, any person, which it appears from such facts is, or in conjunction
or in any combination are, violating, or is or are about to, proposing to,
attempting to, or threatening to, violate any of the provisions of this title
or any other statute governing the establishment, maintenance or op-
eration of any airport, drop zone or landing field, or governing the licensing
or supervision of airplanes, pilots, mechanics, et cetera, or against any
person violating any of the rules or regulations promulgated by the Com-
mission pursuant to this title, enjoining and restraining such person from
any further or future violations of this title or any such rule or regulation.

(b) Issuance of Orders under General Laws Not Affected. — The Com-
mission shall have jurisdiction to issue temporary cease and desist or-
ders, or injunctions, as courts of equity of the Commonwealth are per-
mitted under general laws governing the issuance of temporary injunc-
tions; in any case of emergency wherein the safety or welfare of the public
is in immediate and imminent jeopardy the Commission may issue tem-
porary cease and desist orders without any notice, or with such notice
as the Commission may deem proper.

(2) Determining Permanency of Order. — If such cease and desist
order is issued the Commission shall thereafter proceed forthwith after
due notice and a full hearing on the merits, to consider and determine
whether or not such cease and desist order, or restraining order and in-
Junction, shall be dismissed or made permanent; any action hereunder
shall be in accordance with proceedings in equity for injunctions.

(3) Bond; Discretion in Administration of Law. — The Commission
shall have authority to require a bond with surety under this section in
accordance with the principle applicable in the courts of equity of this
State, and it shall have authority to exercise a sound, judicial and equit-
able discretion in the administration of this title to protect any person
or the general public.

(4) Penalty for Violation. — The Commission shall have authority
to punish any violation of any such cease and desist order, or injunction,
temporary or permanent, by fine not exceeding one hundred dollars for
each violation, and each day’s continued violation shall be considered for
such purpose a separate violation; provided, that in case of any such
proceeding against any political subdivision, the imposition of any such
fine may be only upon the individual or individuals by whom any such
violation was personally committed.

(5) Appeal. — All actions of the Commission under the provisions
of this chapter shall be subject to the right of appeal to the Supreme
Court of Appeals in the same manner and under the same terms and con-
ditions as are provided by law.

§ 5.1-11. This article shall not apply to public aircraft owned by
the United States or this State.

§ 5.1-12. This article shall not apply to any aircraft or airmen
while engaged in interstate commerce.

Article 2.
Illegal Operation, Etc., Procedure; Penalties.

§ 5.1-13. Any person who shall operate any aircraft within the air-
space over, above or upon the lands or waters of this State, while under
the influence of intoxicating liquor or of any narcotic or any habit form-
ing drugs shall be guilty of a felony and shall be confined in the peni-
tentiary not less than one nor more than five years, or, in the discretion
of the court or jury trying the case, be confined in jail not exceeding
twelve months and fined not exceeding five hundred dollars, or both such
fine and imprisonment.

Any person who shall operate any aircraft within the airspace over,
above or upon the lands or waters of this State carelessly or heedlessly
in willful or wanton disregard of the rights or safety of others, or without
due caution and circumspection and in a manner so as to endanger any
person or property, shall be guilty of a misdemeanor.

§ 5.1-14. Any person who operates or causes to be operated any
civil aircraft within the airspace over, above or upon the lands or waters
of this State, which aircraft has not been and is not at the time of such
operation properly certificated under and in accordance with existing fed-
eral law and licensed under and in accordance with the existing laws of
this State and rules and regulations promulgated in pursuance thereof,
shall be guilty of a misdemeanor.

§ 5.1-15. Any person who operates any civil aircraft within the
airspace over, above, or upon the lands or waters of this State, without
being, at the time of such operation, in possession of a valid airman’s
certificate for such operation, issued under and in accordance with existing
federal law and a valid airman’s license for such operation, issued under
and in accordance with the existing laws of this State and rules and regu-
lations promulgated in pursuance thereof, shall be deemed to be guilty of
a misdemeanor.

§ 5.1-16. It shall be unlawful for any person to tamper with, alter,
destroy, remove, carry away, or cause to be carried away, an airplane or
other flying device or instrumentality or any objects used for the mark-
ing of airports, landing fields, drop zones or other aeronautical] facilities, or
in any way change their position or location, except by and under the direc-
tion of the proper authorities charged with the maintenance and operation
of such facilities. Any person violating any of the provisions of this sec-
tion or who shall illegally have in his possession any objects or devices
used for such markings, shall be guilty of a misdemeanor.

§ 5.1-17. It shall be unlawful for any person to hunt, pursue or kill
any wild waterfowl or other birds or animals by any means whatever
during such time as such person is in flight in an aircraft in the airspace
over the lands or waters of this State. A violation of this section shall be
deemed a misdemeanor.

§ 5.1-18. (a) Whenever any person is arrested for a violation of
any provision of this title punishable as a misdemeanor the arresting
officer shall, except as otherwise provided in § 5.1-19, take the name and
address of such person and the license number of his aircraft and issue
a summons or otherwise notify him in writing to appear at a time and
place to be specified in such summons or notice, such time to be at least
five days after such arrest unless the person arrested shall demand an
earlier hearing and such person shall, if he so desire, have a right to an
immediate hearing or a hearing within twenty-four hours at a convenient
hour, and before a court having jurisdiction under this title within the
city, town or county wherein such offense was committed. Such officer shall
thereupon and upon the giving by such person of his written promise to
appear at such time and place forthwith release him from custody.

(b) Any person refusing to give such written promise to appear
shall be taken immediately by the arresting or other police officer before the
nearest or most accessible judicial officer or other person qualified to ad-
mit to bail having jurisdiction under this title.

(c) Any person who willfully violates his written promise to ap-
pear, given in accordance with this section, shall be guilty of a misde-
meanor, regardless of the disposition of, and in addition to, the charge
upon which he was originally arrested.

(d) Any officer violating any of the provisions of this section shall
be guilty of misconduct in office and subject to removal therefrom upon
complaint filed by any person in a court of competent jurisdiction. This
section shall not be construed to limit the removal of a police officer for
other misconduct in office.

§ 5.1-19. If any person is: (1) arrested and charged with an of-
fense causing or contributing to an accident resulting in injury or
death to any person; (2) believed by the arresting officer to have com-
mitted a felony; (3) believed by the arresting officer to be likely to dis-
regard a summons issued under § 5.1-18; or (4) charged with violation
of § 5.1-13, the arresting officer may take such person forthwith before the
nearest or most accessible judicial officer or other person qualified to ad-
mit to bail in lieu of issuing the summons required by § 5.1-18.

§ 5.1-20. The pilot of any aircraft carrying passengers for hire, or
any person subject to his direction, may take such action as is reasonably
necessary to restrain or arrest any person who interferes with, or threatens
to interfere with, the operation of the aircraft in flight over the territory
of this State or to a destination within this State.

§ 5.1-21. The pilot of any aircraft carrying passengers for hire
while actively engaged in the operation of such aircraft shall be a special
policeman and have all the powers of a conservator of the peace in the en-
forcement of order on such aircraft and while in pursuit of persons for
disorder upon such aircraft and until such persons as may be arrested by
him shall have been placed in confinement or delivered to the custody of
some other conservator of the peace or police officer.

§ 5.1-22. Any person who interferes with or threatens to interfere
with the operation of an aircraft carrying passengers for hire over the ter-
ritory of this State shall be guilty of a misdemeanor and punished ac-
cordingly. Venue for the issuance of a warrant for the arrest of, and
for trial of, any such person is hereby conferred upon any court having
criminal jurisdiction in the political subdivision in this State where the
aircraft took off prior to such offense, or where it lands subsequent to
such offense, or over which the offense occurred.

§ 5.1-23. The local police authorities of any city, incorporated town
or county shall have jurisdiction on the premises of any airport, drop zone
or landing field operated hereunder, either individually or jointly. This
section shall not repeal the provisions of any city charter in conflict
herewith.

§ 5.1-24. Any person violating any of the provisions of this chap-
ter, or violating any of the rules or regulations promulgated pursuant
thereto by the Commission, except as otherwise specifically provided, shall
be deemed guilty of a misdemeanor and upon conviction shall be pun-
ished by a fine of not more than one hundred dollars or imprisonment
in jail not exceeding one month, or both, in the discretion of the judge
or jury trying the case; provided, that any person (excepting any govern-
ment, political subdivision of the State, or governmental subdivision or
agency) establishing or operating an airport without first obtaining a
permit as provided in § 5.1-8 shall, upon conviction, be fined not less than
one hundred nor more than five hundred dollars for each offense, and
each day that the airport is operated without such permit shall be con-
strued as a seperate offense.

The making of any violation hereof a misdemeanor and the fines and
penalties hereby imposed shall be cumulative with the injunctive powers
conferred upon the Commission by § 5.1-10 and neither the prosecution
hereunder, nor the imposition or payment of fines or penalties shall in any
way limit the jurisdiction of the Commission to issue cease and desist
orders, or injunctions, nor shall the issuance of, or pendency of a pro-
ceeding for, or the dismissal of a proceeding for, a cease and desist order,
or injunction, or the dissolving of an injunction already issued, limit in
any manner jurisdiction of the courts as to any misdemeanor hereunder,
except that evidence produced before either such kind of tribunal may be
used before the other only for purposes of establishing admissions of
parties for impeachment of witnesses under applicable rules of evidence.

§ 5.1-25. A non-resident of this State may operate aircraft engaged
in operations other than for hire or reward in accordance with rules
and regulations promulgated by the Commission, provided such non-resi-
dent and the aircraft to be so operated shall have been licensed under
federal law and shall have complied with the laws of the state in which
such non-resident resides seal to an and the operation thereof.

2.
Aviation Advisory Committee.

§ 5.1-26. The Advisory Committee on Aviation, consisting of seven
members and hereinafter called “the Committee’’, is created in the Depart-
ment of Corporations to consult and advise with the State Corporation
Commission.

§ 5.1-27. The members of the Committee shall be appointed by the
Governor for terms of four years each, beginning on July first of the year
of appointment; provided, however, no person shall be eligible to serve
for or during more than two successive four year terms; but after the ex-
piration of the remainder of an unexpired term to which appointed, two ad-
ditional four year terms may be served by such a member if appointed
soll An appointment to fill a vacancy shall be for the unexpired

rm.

§ 5.1-28. The members of the Committee shall receive a per diem of
twenty-five dollars for each day of attendance on meetings of the Commit-
tee and shall be reimbursed for their necessary and actual expenses in-
curred in the performance of their duties hereunder, the same to be pay-
able out of the aviation funds of the State Corporation Commission.

_§ 5.1-29. The Committee shall elect its chairman and may elect one
of its members as its secretary. The Committee may hire an Executive
Secretary to act as a full or part time employee of the Committee. The
Executive Secretary may receive a salary as authorized by the State Cor-
poration Commission payable out of the aviation funds of the State Cor-
poration Commission. It shall meet not less than four times each year,
and may meet oftener upon the call of the chairman or any four mem-
ers.

_ § 5.1-30. The Committee shall confer and advise with the Com-
mission upon such matters as arise in the performance of its duties under
the preceding chapter, and it shall perform such duties as the General
Assembly prescribes.
CHAPTER 3.

Municipal And County Airports And Other Air Navigation Facilities.
Article 1.
Acquisition, Establishment And
Operation Generally; Outside Easements.

§ 5.1-31. All cities, incorporated towns and counties of the Common-
wealth may acquire, by purchase, lease, gift, condemnation or otherwise,
within or without the limits of any such city, town or county, whatever
land may be reasonably necessary for the purpose of establishing, con-
structing, owning, controlling, leasing, equipping, improving, maintaining
and operating airports for the use of airplanes; may acquire, establish,
construct, enlarge, improve, maintain, equip, operate and regulate the use
of such airports on landing fields, structures, air navigation facilities and
other property incident thereto; may make, prior to such acquisition, in-
vestigation, surveys and plans and enter upon any lands or waters for
such purposes; 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; provided, that in the case of any
county, the exercise of such authority beyond its territorial boundaries
shall be only with the consent of the governing body of the political
subdivision in which the power is sought to be exercised; provided, how-
ever, that no such city, town or county shall establish or operate any air-
port without first obtaining the permission of the State Corporation Com-
mission, as now or hereafter provided by law.

§ 5.1-32. Where necessary to provide unobstructed air space for
the landing and taking off of aircraft utilizing airports or landing fields
acquired or operated by any county, city or town under the provisions
of this article, any such county, city or town may acquire, in the same
manner as is provided 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 insure 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 maintain suitable signs or markers or lights to adequately locate
and mark objects or structures or uses of lands which are hazardous to
aircraft using such airports or landing fields, including the right of in-
gress and egress to and from such airport hazards for the purpose of
maintaining and repairing such signs, markers and lights.

§ 5.1-33. Any lands, easements or privileges acquired, owned, con-
trolled or occupied by any cities, incorporated towns and counties of the
Commonwealth under the provisions of this article are hereby declared
to be acquired, owned, controlled or occupied for a public purpose, and
as a matter of public necessity; and such lands, easements and privileges
so acquired, owned, controlled or occupied are hereby declared to be ac-
quired, owned, controlled or occupied for public, governmental and mu-
nicipal purposes, and to be within the definition of property acquired
for a public use as such term is used in Section fifty-eight of the Consti-
tution of Virginia.

§ 5.1-34. Private property needed by any city, incorporated town or
county for an airport or landing field shall be acquired by purchase, if the
city, town or county is able to agree with the owners on the terms thereof.
The cities, incorporated towns or counties are hereby granted full power
to exercise the right of eminent domain in the acquisition of any lands,
easements 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 pro-
ceedings instituted by railroads and may acquire in like manner, for a term
of years or perpetually, the right of easement to remove and control the
growth of any tree or vegetation standing or growing in said !and outside
the boundaries of any airport or landing field and the right of easement to
place and maintain suitable signs or markers or lights to adequately locate
and mark objects or structures which are hazardous to aircraft using such
airports or landing fields, of ingress and egress to and from such airport
hazards for the purpose of maintaining and repairing such signs, markers
and lights and cutting of trees or other growing vegetation penetrating
the approach and departure slope easement. The right of condemnation
granted herein shall be subject to the same provisions as are provided in
§ 25-233 concerning the condemnation of property belong to a corporation
possessing the power of eminent domain by another public service
corporation.

§ 5.1-35. All powers, rights and authority granted to counties, cities
and towns under this article may be exercised and enjoyed jointly by any
two or more of such political subdivisions within or without the terri-
torial 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 agree-
ments with each other as may be necessary or proper for the exercise
and enjoyment of the joint powers hereby granted, and for joint action
in carrying out the general purposes of this article.

§ 5.1-86. The agreement provided for in § 5.1-35 may provide for the
creation of a governing board or body empowered to have and exercise, on
behalf of the several political subdivisions which are parties to such
agreement, the powers, rights and authority conferred on such political
subdivisions by this article. Such agreement shall specify the name of
the board or body and its composition and prescribe its powers and
duties which may include powers to establish, construct, man-
age, and operate an airport, acquire, hold and dispose of property but on
behalf of the several political subdivisions, including the exercise on their
behalf of the power of eminent domain. If any such board or body is
created, all proceedings in connection with the establishment, construc-
tion, management and operation of the airport, including application for
and issuance of any license required therefor, shall be in its name.

§ 5.1-37. The powers herein granted to counties, cities and towns in-
clude the power to establish, 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 jurisdiction of or bordering on such counties, cities or

wns.

§ 5.1-38. The rights of any counties, cities or towns to zone property
shall not be limited by the provisions of this article.

§ 5.1-39. No easements, rights or privileges acquired under the
terms of this article by any county, city or town shall be employed or
disposed of except to accomplish the purposes for which they were origin-
ally acquired. Upon the abandonment of any airport or landing field ac-
quired pursuant to this article all easements, rights and privileges which
shall have been so acquired over or with respect to adjacent lands shall
thereupon terminate and revert back to the person from whom the ease-
ment, right or privilege was obtained or his successor in interest.

_. § 5.1-40. Any city, town or county acquiring land under the pro-
visions of this article may individually, or jointly where so operated,
lease the same, or any part thereof, to any individual or corporation de-
siring to use the same for the purpose of operating an airport or land-
ing field, or for the purpose of landing or starting airplanes therefrom
or for other aviation purposes, and on such terms and subject to such con-
ditions and regulations as may be provided; and any city, town or county
may enter into a contract in the form of a lease providing for the use of
such land, or any part thereof, by the government of the United States for
the use by the government of such land for aviation, mail delivery or other
aviation purposes upon nominal or other rental or without considera-
tion; provided 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 valid-
ity until the same shall be approved by the State Corporation Commis-
sion.

§ 5.1-41. The governing body, or other proper authority, 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 jur-
isdiction 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 or county shall op-
erate an airport without first obtaining the permission of the State Cor-
poration Commission as now or hereafter provided by law.

Article 2.
Funds For Acquisition, Operation, Etc.

§ 5.1-42. 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 or county as the governing body of the
city, town or county shall determine. Such city, town or county is hereby
authorized to issue bonds for such purpose or purposes, subject, how-
ever, to the approval of such bond issue at a referendum thereon, if such
approval is a prerequisite to the issuance of bonds by any such political
subdivision of the State for public purposes generally.

§ 5.1-43. The expenses of such construction, improvement, equip-
ment, maintenance and operation shall be paid by such political subdi-
vision, from available funds, subject to all applicable constitutional pro-
Visions.

§ 5.1-44. The governing body of such city, town or county, or a
board created under § 5.1-36, may adopt regulations not in conflict with
the rules and regulations adopted and promulgated by the State Cor-
poration Commission from time to time 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 jurisdiction to adopt such
regulations and establish such fees and charges.

§ 5.1-45. The governing body of any city, town or county to which
this chapter is applicable may appropriate or cause to be raised by taxa-
tion in such city, town or county a sum sufficient to carry out the pro-
visions of this chapter.

5.1-46. Any county, city or town in this State may accept, re-
ceive and receipt for federal moneys, and other moneys, except as pro-
vided in § 5.1-48, either public or private, for the acquisition, construc-
tion, enlargement, improvement, 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 navi-
gation facilities.

The governing body of any county, city or town is authorized to desig-
nate the Division of Aeronautics of the Department of Corporations as its
agent to accept, receive and receipt for federal moneys granted in its be-
half for such purposes, and as such agent to contract for the acquisition,
construction, enlargement, improvement, maintenance, equipment or op-
eration of any such airports, landing fields or other air navigation facili-
ties. Any such governing body may enter into an agreement with the
Division prescribing the terms and conditions of such agency in accord-
ance with federal laws, rules and regulations and applicable laws of this

State.
Article 3.
Federal Airport Act.

§ 5.1-47. Notwithstanding any other provision of law no county, city
or town, whether acting alone or jointly with another county, city or town
or with the State, shall submit to the Federal Aviation Agency of the
United States any project application under the provisions of section nine
(a) of the Act of Congress approved May thirteen, nineteen hundred
forty-six, being Public Law three hundred seventy-seven, Seventy-ninth
Congress, known and hereinafter designated as the “‘Federal Airport Act”,
or any amendment thereof, unless the project and the project application
have been first approved by the State Corporation Commission.

§ 5.1-48. No such county, city or town shall directly accept, receive,
receipt for, or disburse any funds granted by the United States under the
Federal Airport Act, but it shall designate the State Corporation Com-
mission as its agent and in its behalf to accept, receive, receipt for and
disburse such funds. It shall enter into an agreement with the Commis-
sion prescribing the terms and conditions of such agency in accordance
with federal laws, rules and regulations and applicable laws of this State.
Such moneys as are paid over by the United States government shall be
retained by the State or paid over to such county, city or town under
such terms and conditions as may be imposed by the United States gov-
ernment in making such grant.

CHAPTER 4.
State Highway Commission.

§ 5.1-49. The State Highway Commission is authorized to build
roads to airports and landing fields open to public use, and may pay out of
highway funds the cost of such roads. Such Commission may, in coopera-
tion with the Division of Aeronautics of the Department of Corporations
and either on an actual cost or contract basis, construct, maintain and
improve airports, landing fields and other aviation facilities licensed for
public use, the actual cost thereof to the State Highway Commission to be
paid by the Division of Aeronautics.

§ 5.1-50. In order to further the interests of national security, the
State Highway Commission may, at the request of the Army and Navy
Departments, Public Roads Administration or other agency of the United
States, construct and maintain, or cooperate with any such federal agency
in the construction and maintenance of flight strips, airfields, and roads
leading thereto from public highways. To carry out this purpose the Com-
mission, acting through the State Highway Commissioner, may acquire in
the name of the Commonwealth by gift or purchase or by the exercise
of the power of eminent domain such real property, or interest therein,
including the rights in the air above real property, as may be needed for
such flight strips, airfields and roads. The exercise of the power of
eminent domain hereby conferred shall be in the same manner and pur-
suant to the same procedure that is now, or may hereafter be, provided
by law for the acquisition of real property by the State Highway Com-
missioner for highway purposes, and in order that the construction work
may proceed without delay, the Commission may, in the same manner and
under the same conditions and procedure as is provided in the case of
real property needed for highway purposes, enter upon and take posses-
sion of such real property as may be needed for the purposes of this sec-
tion, and proceed with the construction work prior to the acquisition of
title to the property in condemnation proceedings. In carrying out the pur-
poses of this section, the Commission may expend only such funds as may be
provided for such purposes by the federal government.

If requested to do so by the federal agency which provided the funds
with which the Commission acquired the property for any such flight
strips, airfields or roads, the Commission may authorize and direct the
State Highway Commissioner to convey, by deed executed in the name of
the Commonwealth, such property to the United States to be used in the
interests of national security. If title to such property is retained by the
Commonwealth, the Commission may authorize any agency of the United
States to use such property to further the interest of national] security.
Whenever the Commission finds that property heretofore or hereafter ac-
quired by it for any such flight strips, airfields or roads is no longer
needed for the purpose for which it was acquired, it may sell the same
for such consideration as it deems adequate to any private person, firm
or corporation and may authorize and direct the State Highway Com-
missioner to execute a deed in the name of the Commonwealth conveying
such property to the purchaser. The proceeds from any such sale shall be
paid into the Treasury of Virginia to the credit of the highway fund un-
less the terms of any grant to the Commission or the Commonwealth pro-
vide otherwise, in which case such proceeds shall be disposed of in ac-
cordance with the terms of such grant. |

CHAPTER 5.
Special Fund For Administration of Aviation Laws.

§ 5.1-51. All funds accumulated from any special sales tax, excise
tax or use tax, now or which may hereafter be imposed under the laws
of this State on aviation motor fuel purchased or used in this State in
the propulsion of aircraft, and all funds heretofore or hereafter accumu-
lated from any fees for licensing or registering of airmen, aircraft and
airports, now or hereafter imposed under the laws of this State, and
all funds heretofore, and which may hereafter be, appropriated to the
State Corporation Commission for the purpose of the promotion and de-
velopment of aviation and airports, including the expense of the adminis-
tration by the Commission through the Division of Aeronautics of the
laws pertaining to aviation, as now or as may be hereafter enacted, and
the jurisdiction for the administration thereof conferred on the Com-
mission, are hereby constituted a special fund for the administration of
the aviation laws, heretofore or hereafter enacted, insofar as the admin-
istration has been, or shall be, imposed upon the Commission, for the con-
struction, maintenance and improvement of airports and landing fields
and for the promotion of aviation in the interest of operators and in the
interest of the public.

§ 5.1-52. Such special fund, after reasonable and necessary cost of
administration of such aviation laws by the Commission, through the me-
dium of the Division of Aeronautics, and by the Commission directly, or
otherwise, as may be determined, shall be expended and disbursed by or-
der of the Commission, through the medium of warrants drawn by the
Comptroller, for the construction, maintenance and improvement of air-
ports and landing fields, to which the public now has, or which it is pro-
posed shall have, access, and for the promotion of aviation in the interest
of operators generally. . ;

§ 5.1-58. The special fund created and provided for in § 5.1-51 shall
be so set up on the books of the Comptroller as to segregate the amounts
paid into the fund as a direct tax upon aviation motor fuel purchased by
operators of airplanes and aircraft, and no portion of such fund, accumu-
lated in the manner hereinbefore provided, shall ever be used for any other
purpose than for the administration of the aviation laws and the con-
struction, maintenance and improvement of airports and landing fields,
and no portion of the same shall be covered into the general fund of the
State treasury, such funds derived in the manner aforesaid being hereby
irrevocably appropriated for promotion of aviation in the interest of op-
erators and of the public, as provided in this chapter, and to the extent
necessary only, for the administration of this and other aviation laws.

§ 5.1-54. Only such portion of the salaries and other compensation
of members of the personnel of the Commission as are proportionate to the
time devoted to the administration of this and other aviation laws, shall
be charged against the special fund.

§ 5.1-55. No part of such special fund shall be used for recurring
expenditures on any airport or landing field under this chapter; except
that recurring expenditures may be made where the Division of Aero-
nautics deems such expenditure to be necessary for the preservation of
the safety of the public.

CHAPTER 6.

Virginia Airports Authority.

§ 5.1-56. The following words or terms whenever used or referred
to in this chapter, shall have the following respective meanings unless a
different meaning clearly appears from the context:

(a) “Airport” shall mean any area of land or water which is used,
or intended for use, for the landing and take-off of aircraft, and any
appurtenant areas which are used, or intended for use, for airport build-
ings or other airport facilities or rights-of-way, easements and together
with all airport buildings and facilities located thereon.

(b) “Air navigation facility” shall mean any airport ground or air
navigation 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, buildings, mechanisms, lights, bea-
cons, markers, communicating systems, or other instrumentalities, or de-
vices, and any combination of any or all of such facilities, used or useful
as an aid, or constituting an advantage or convenience, to the safe taking-
off, navigation, and landing of aircraft, in the safe and efficient operation
or maintenance of an airport, in the safe, efficient and convenient handling
or processing of aviation passengers, mail or cargo, or in the servicing or
maintenance of aircraft or ground equipment.

(c) “Airport hazard” shall mean 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 haz-
ardous to such landing or taking-off of aircraft.

(d) “Person” shall mean any individual, corporation, government,
political subdivision of the State or governmental subdivision or agency,
business trust, estate, trust, partnership, two or more of any of the fore-
going having a joint or common interest, or any other legal or commercial
entity.

§ 5.1-57. (a) There is hereby created as a political subdivision
of the State a public body corporate and politic to be known as the Vir-
ginia Airports Authority, the governing body of which shall consist of:
(1) Five persons who shall as far as practicable be from different areas
of the State, appointed by the Governor initially for terms of one, two,
three, four and five years, respectively, and thereafter for terms of five
years, except that appointments to fill vacancies shall be for the unex-
pired terms; (2) a member of the State Corporation Commission, desig-
nated by the Commission.

(b) Whenever the Authority shall acquire ownership or jurisdiction
over an airport or airports previously operated by an agency of the United
States, there may be a member appointed to the Authority by the Presi-
dent of the United States. Such member shall have the powers and duties
of other members of the Authority only with respect to the airport or air-
ports so acquired.

(c) There may be a member of the Authority from any county or
city wherein the Authority acquires or constructs an airport, to be elected
by the governing body of the county or city and to serve at its pleasure;
provided, that such member shall have the powers and duties of other mem-
bers of the Authority only with respect to such airport; provided further
that if the Authority acquires an airport which was constructed by one
political subdivision but is located in another, the political subdivision
which constructed the airport, rather than the political subdivision in which
it is located, shall be represented on the Authority.

Members of the Authority shall receive from revenues of the
Authority, the sum of twenty dollars as compensation for their services for
each day spent in the performance of their duties, and shall be entitled to
be reimbursed for their necessary expenses incurred therein.

(e) There shall be elected a chairman and vice-chairman from
among the members of the Authority. The Authority may employ such
officers, agents, and employees, permanent and temporary, as it may re-
quire, and shall determine their qualifications, duties, and compensation.
The Authority may delegate to one or more of its agents or employees such
powers and duties as it may deem proper. |

(f) Members of the Authority may be removed from office in the
manner provided in Article 3 (§ 15.1-63 et seq.) of Chapter 2 of Title 15.1
of the Code of Virginia. oo

_§ 5.1-58. The Authority shall have all the powers necessary or con-
venient to carry out the purposes of this chapter including, but not limited
to, the power: oF

(a) To sue and be sued; to have a seal; and to have perpetual suc-
cession.

(b) 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. J |

_ (c) To plan, establish, develop, construct, enlarge, improve, main-
tain, equip, operate, regulate, and protect airports and air navigation fa-
cilities, within this State and within any adjoining state, including the ac-
quisition, construction, installation, equipment, maintenance, and opera-
tion 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 Authority
may, by purchase, gift, devise, lease, condemnation 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 or to prevent the es-
tablishment of airport hazards, or for the enlargement of an airport con-
structed or acquired under this subsection (c); provided, however, such
power of eminent domain shall not extend to the taking of any radio or
television towers or installation in existence on June twenty-seven, nine-
teen hundred fifty-eight.

(d) To acquire, by purchase, gift, devise, lease, existing airports
and air navigation facilities.

(e) To establish or acquire and maintain airports in, over, and
upon any public waters of this State or any submerged lands under such
public waters; and to construct and maintain terminal buildings, landing

ts, causeways, roadways, and bridges for approaches to or connecting
with any such airport, and landing floats and breakwaters for the pro-
tection thereof. The State hereby consents to the use of all lands owned
by it, including lands lying under water, which are deemed by the Au-
thority to be necessary for the construction, establishment, improvement,
extension, enlargement or operation of any airport project.

(f) To construct, or permit the construction of, for sale or lease,
on such terms and conditions as the Authority may deem proper, indus-
trial, commercial or recreational facilities and approaches thereto and ap-
purtenances thereof, on any lands of the Authority not acquired by emi-
nent domain and not needed for operational use of an airport owned or
operated by it; provided, that any such factory or manufacturing facility
shall be so constructed as not to constitute an airport hazard. In the ex-
ercise of the powers conferred by this paragraph, the Authority shall
comply with any applicable zoning restrictions of the political subdivision
in which any airport or facility is, or is proposed to be located.

§ 5.1-59. The Authority is hereby vested with the power of eminent
domain and may exercise the same for the purposes set forth in paragraph
(c) of § 5.1-58 in the manner and to the extent permitted to railroads
by Title 25 of the Code of Virginia, provided, however, such power of
eminent domain shall not extend to the taking of any radio or tele-
vision towers or installation in existence on June twenty-seven, nineteen
hundred fifty-eight. If the owner, lessee or occupier of any property to be
condemned or otherwise acquired shal] refuse to remove his property
therefrom or give up possession thereof, the Authority may proceed to
obtain possession in any manner provided by law. The authorized agents
and employees may enter upon any lands, waters, and premises in the
State for the purpose of making surveys, soundings, drillings and exami-
nations as they may deem necessary or convenient for the purposes of this
chapter, and such entry shall not be deemed a trespass, nor shall an entry
for such purpose be deemed an entry under any condemnation proceedings
which may be then pending. The Authority shall make reimbursement for
any actual damage resulting to such lands, waters and premises as a result
of such activities.

§ 5.1-60. Except as may be limited by the terms and conditions of
any grant, loan or agreement authorized by § 5.1-70 the Authority 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 this chapter. Such disposal by sale, lease, or otherwise, shall be in
accordance with the laws of this State governing the disposition of other
public property, except that in the case of disposal 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 may be
effected in such manner and upon such terms as the commissioners of the
Authority may deem in the best interest of aviation.

§ 5.1-61. The Authority is hereby authorized to provide for the is-
suance, at one time or from time to time, of revenue bonds of the Au-
thority for the purpose of paying all or any part of the cost of any one
or more airport projects or of any portion or portions thereof. The
principal of and the interest on such bonds shall be payable solely from
the funds provided in this chapter for such payment. Any bonds of the
Authority issued pursuant to this chapter shall not constitute a debt of the
State, or any political subdivision thereof other than the Authority, and
shall so state on their face. Neither the commissioners of the Authority
nor any person executing such bonds shall be liable personally thereon
by reason of the issuance thereof. The bonds of each issue shall be dated,
shall bear interest at such rate or rates not exceeding six per centum
per annum, shall mature at such time or times not exceeding forty years
from their date or dates, as may be determined by the Authority, and
may be made redeemable before maturity, at the option of the Authority,
at such price or prices and under such terms and conditions as may be fixed
by the Authority prior to the issuance of the bonds. The Authority shall de-
termine the form and the manner of execution of the bonds, including any
interest coupons to be attached thereto, and shall fix the denomination or de-
nominations of the bonds and the place or places of payment of principal and
interest, which may be at any bank or trust company within or without the
State. In case any officer whose signature or a facsimile of whose signature
shall appear on any bonds or coupons shall cease to be such officer before the
delivery of such bonds, such signature or such facsimile shall nevertheless
be valid and sufficient for all purposes the same as if he had remained in
office until such delivery. The bonds may be issued in coupon or in regis-
tered form or both, as the Authority may determine, and provision may
be made for the registration of any coupon bonds as to principal alone
and also as to both principal and interest, for the reconversion into cou-
pon bonds of any bonds registered as to both principal and interest, and
for the interchange of registered and coupon bonds. The Authority may
sell such bonds in such manner, either at public or private sale, and for
such price as it may determine will best effect the purposes of this chapter,
but no such sale shall be made at a price so low as to require the payment
of interest on the money received therefor at more than six per centum
per annum computed with relation to the absolute maturity of the bonds
in accordance with standard tables of bond values, excluding, however,
from such computations the amount of any premium to be paid on redemp-
tion of any bonds prior to maturity.

The proceeds of the bonds of each issue shall be used solely for the
payment of the cost of the airport project or projects for which such bonds
shall have been issued, and shall be disbursed in such manner and under
such restrictions, if any, as the Authority may provide in the resolution au-
thorizing the issuance of such bonds or in the trust agreement hereinafter
mentioned securing the same. If the proceeds of the bonds of any issue, by
error of estimates or otherwise, shall be less than such cost, additional
bonds may in like manner be issued to provide the amount of such deficit,
and, unless otherwise provided in the resolution authorizing the issuance
of such bonds or in the trust agreement securing the same, shall be deemed
to be of the same issue and shall be entitled to payment from the same
fund without preference or priority of the bonds first issued. If the pro-
ceeds of the bonds of any issue shall exceed such cost, the surplus shall be
deposited to the credit of the sinking fund for such bonds, or may be ap-
plied to the payment of the cost of any additional airport project or proj-
ec

Prior to the preparation of definitive bonds, the Authority may,
under like restrictions, issue interim receipts or temporary bonds, with or
without coupons, exchangeable for definitive bonds when such bonds shall
have been executed and are available for delivery. The Authority may
also provide for the replacement of any bonds which shall become muti-
lated or shall be destroyed or lost. Bonds may be issued under the provis-
ions of this chapter without obtaining the consent of any department, di-
vision, commission, board, bureau or agency of the State, and without any
other proceedings or the happening of any other conditions or things than
those proceedings, conditions or things which are specifically required by
this chapter.

§ 5.1-62. In the discretion of the Authority any bonds issued under
the provisions of this chapter may be secured by a trust agreement by
and between the Authority and a corporate trustee, which may be any
trust company or bank having the powers of a trust company within or
without the State. Such trust agreement or the resolution providing for
the issuance of such bonds may pledge or assign the revenues to be re-
ceived, but shall not convey or mortgage any airport project or any part
thereof. Such trust agreement or resolution providing for the issuance
of such bonds may contain such provisions for protecting and enforcing
the rights and remedies of the bondholders as may be reasonable and proper
and not in violation of law, including covenants setting forth the duties
of the Authority in relation to the acquisition of property and the acquisi-
tion, construction, establishment, improvement, extension, enlargement,
equipment, maintenance, repair, operation and insurance of the airport
project or projects in connection with which such bonds shall have been.
authorized, the rates and fees to be charged, the custody, safeguarding and
application of all moneys, and conditions or limitations with respect to the
issuance of additional bonds. It shall be lawful for any bank or trust com-
pany incorporated under the laws of the State which may act as depositary
of the proceeds of bonds or of revenues to furnish such indemnifying
bonds or to pledge such securities as may be required by the Authority.
Any such trust agreement may set forth the rights and remedies of
the bondholders and of the trustee, and may restrict the individual right
of action by bondholders. In addition to the foregoing, any such trust
agreement or resolution may contain such other provisions as the Au-
thority may deem reasonable and proper for the security of the bond-
holders. All expenses incurred in carrying out the provisions of such
trust agreement or resolution may be treated as a part of the cost of the
operation of the airport project or projects.

§ 5.1-63. The Authority is hereby authorized to fix, revise, charge
and collect rates, fees and other charges for the use of or for the services
and facilities furnished by each airport project and the different parts
thereof, and to contract with any person, partnership, association or cor-
poration desiring the use of any part thereof, and to fix the terms, con-
ditions, rents and rates of charges for such use. Such rates, fees and other
charges shall be so fixed and adjusted so that revenues of the Author-
ity, together with any other available funds, will be sufficient at all times
to pay (a) the cost of maintaining, repairing and operating such airport
project or projects and (b) the principal of and the interest on such
bonds as the same shall become due and payable, and to create reserves
for such purposes. Such rates, fees and other charges shall not be subject
to supervision or regulation by any other commission, board, bureau or
agency of the State. The revenues derived from the airport project or
projects in connection with which the bonds shall have been issued, ex-
cept such part thereof as may be necessary to pay such cost of mainte-
nance, repair and operation and to provide such reserves therefor as may
be provided for in the resolution authorizing the issuance of such bonds or
in the trust agreement securing the same, shall be set aside at such regular
intervals as may be provided in such resolution or such trust agreement
in a sinking fund which is hereby pledged to, and charged with, the pay-
ment of the principal of and the interest on such bonds as the same shall
become due, and the redemption price or the purchase price of bonds re-
tired by call or purchase as therein provided. Such pledge shall be valid
and binding from the time when the pledge is made, the revenues or other
moneys so pledged and thereafter received by the Authority shall imme-
diately be subject to the lien of such pledge without any physical delivery
thereof or further act, and the lien of any such pledge shall be valid and
binding as against all parties having claims of any kind in tort, contract
or otherwise against the Authority, irrespective of whether such parties
have notice thereof. Neither the resolution nor any trust agreement by
which a pledge is created need be filed or recorded except in the records
of the Authority. The use and disposition of moneys to the credit of such
sinking fund shall be subject to the provisions of the resolution authoriz-
ing the issuance of such bonds or of such trust agreement. Except as may
otherwise be provided in such resolution or such trust agreement, such sink-
ing fund shall be a fund for all such bonds without distinction or priority
of one over another. ;

§ 5.1-64. All moneys received pursuant to the authority of this
chapter, whether as proceeds from the sale of bonds or as revenues, shall
be deemed to be trust funds to be held and applied solely as provided in
this chapter. The resolution authorizing the bonds of any issue or the
trust agreement securing such bonds shall provide that any officer with
whom, or any bank or trust company with which, such moneys shall be
deposited shall act as trustee of such moneys and shall hold and apply
the same for the purposes hereof, subject to such regulations as this
chapter and such resolution or trust agreement may provide. __

§ 5.1-65. Any holder of bonds issued under the provisions of this
chapter or any of the coupons appertaining thereto, and the trustee under
any trust agreement, except to the extent the rights herein given may be
restricted by such trust agreement or the resolution authorizing the is-
suance of such bonds, may, either at law or in equity, by suit, action,
mandamus or other proceeding, protect and enforce any and all rights
under the laws of the State or granted hereunder or under such trust
agreement or resolution, and may enforce and compel the performance of
all duties required by this chapter or by such trust agreement or resolution
to be performed by the Authority or by any officer thereof, including the
fixing, charging and collecting of rates, fees and other charges.

§ 5.1-66. Bonds issued by the Authority under the provisions of
this chapter are hereby made securities in which all public officers and
public bodies of the State and its political subdivisions, all insurance com-
panies, trust companies, banking associations, investment companies, ex-
ecutors, administrators, trustees and other fiduciaries may properly and
legally invest funds, including capital in their control or belonging to
them. Such bonds are hereby made securities which may properly and
legally be deposited with and received by any state or municipal officer
or any agency or political subdivision of the State for any purpose for
which the deposit of bonds or obligations of the State is now or may
hereafter be authorized by law.

§ 5.1-67. The Authority is hereby authorized to provide for the is-
suance of revenue refunding bonds of the Authority for the purpose of re-
funding any bonds then outstanding which shall have been issued under
the provisions of this chapter, including the payment of any redemption
premium thereon and any interest accrued or to accrue to the date of
redemption of such bonds, and, if deemed advisable by the Authority, for
the additional purpose of constructing improvements, extensions, or en-
largements of the airport project or projects in connection with which the
bonds to be refunded shall have been issued. The Authority is further au-
thorized to provide by resolution for the issuance of its revenue bonds for
the combined purpose of (a) refunding any bonds then outstanding which
shall have been issued under the provisions of this chapter, including the
payment of any redemption premium thereon and any interest accrued or
to accrue to the date of redemption of such bonds, and (b) paying all or
any part of the cost of any additional airport project or projects or of
any portion or portions thereof. The issuance of such bonds, the ma-
turities and other details thereof, the rights of the holders thereof, and
the rights, duties and obligations of the Authority in respect of the same
shall be governed by the provisions of this chapter insofar as the same may
be applicable.

38 5.1-68. (a) In connection with the operation of an airport or
air navigation facility owned or controlled by the Authority, the Author-
ity may enter into contracts, leases, and other arrangements with any
person or persons (1) granting the privilege of using or improving the air-
port or air navigation facility or any portion or facility thereof or space
therein consistent with the purposes of this chapter; (2) conferring the
privilege of supplying goods, commodities, things, services, or facilities
at the airport or air navigation facility; and (3) making available services
to be furnished by the Authority or its agents at the airport or air navi-
gation facility.

In each case the Authority may establish the terms and conditions and
fix the charges, rentals, or fee for the privilege or service, which shall be
reasonable and uniform for the same class of privilege or service at each
airport and shall be established with due regard to the property and im-
provements used and the expenses of operation to the Authority; pro-
vided that in no case shall the public be deprived of its rightful, equal,
aa ae use of the airport, air navigation facility, or portion of facility
thereof.

(b) Except as may be limited by the terms and conditions of any
grant, loan, or agreement authorized by § 5.1-70 the 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 thirty years,
the privilege of operating, as agent of the Authority or otherwise, any air-
port owned or controlled by the Authority; provided that 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 (a) of this section.

§ 5.1-69. The Authority is authorized to adopt, amend, and repeal
such reasonable resolutions, rules, regulations, and orders ag 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 Authority shall be inconsistent with,
or contrary to, any law of this State or act of the Congress of the United
States or any regulation promulgated or standard established pursuant
thereto concerning such airport or the operation of aircraft. The Au-
thority shall keep on file at the principal office of the Authority for public
inspection a copy of all its rules and regulations.

§ 5.1-70. The Authority is authorized to accept, receive, receipt for,
disburse, and expend federal and State moneys and other moneys, public
or private, made available by grant or loan or both, to accomplish, in
whole or in part, any of the purposes of this chapter. All federal moneys
accepted under this section shall be accepted and expended by the Au-
thority upon such terms and conditions as are prescribed by the United
States and as are consistent with State law; and all State moneys ac-
cepted under this section shall be accepted and expended by the Authority
upon such terms and conditions as are prescribed by the State.

§ 5.1-71. The exercise of the powers granted by this chapter will be
in all respects for the benefit of the people of the State, for the increase
of their commerce and prosperity, and for the improvement of their
health and living conditions, and as the operation and maintenance of
airport projects by the Authority will constitute the performance of es-
sential governmental functions, the Authority shall not be required to pay
any taxes or assessments upon any airport project or any property acquired
or used by the Authority under the provisions of this chapter or upon the
income therefrom, and any bonds issued under the provisions of this chap-
ter, their transfer and the income therefrom (including any profit made on
the sale thereof) shall at all times be free from taxation within the State;
provided that the exemption hereby granted shall not be construed to
extend to persons conducting on the premises of an airport businesses for
which local or State taxes would otherwise be required. When the bonds
or other obligations of the Authority issued in connection with the acquisi-
tion, construction or improvement of an airport or air navigation facility
have been paid off, or at an earlier date if the Authority deems it fi-
nancially feasible, the Authority shall enter into negotiations with the
governing body of the political subdivision in which such airport or facility
is located and may agree with such governing body on sums to be paid to
the county or city in lieu of taxes. In case of disagreement as to the value
of the property an appeal shall lie to the State Corporation Commission
whose determination of the value of such property and the ratio of assessed
to true values of property in such political subdivision shall be final.

§ 5.1-72. The Authority may, to the extent permitted by law, enter
into agreements with agencies or authorities in this State or from adjoin-
ing states or with an agency or authority of the United States for joint
action pursuant to the provisions of this chapter. Each such agreement
shall specify its duration, the proportionate interest which each par-
ticipating authority or agency shall have in the property, facilities and
privileges of the joint undertaking; the apportionment of the costs of the
undertaking among the participating authorities or agencies; the disposi-
tion of all property, facilities and privileges jointly owned upon termina-
tion of such agreement or any renewal thereof; the payment or assumption
of any indebtedness arising out of such joint operation which remains
unpaid upon the disposal of all assets or upon the termination of the
agreement or any renewal thereof; and such other provisions as may be
necessary to insure efficient operation of the joint undertaking.

§ 5.1-73. The agreement shall specify the composition of the govern-
ing body of the joint agency or authority created under § 5.1-72; pro-
vided, however, that the membership thereof from this State shall be the
same as the membership of the Authority created by § 5.1-57. Each joint
authority shal] select officers for such terms as are fixed by the agreement
and shall have the power to employ such agents and employees as it may
require and as are reasonably necessary in carrying out the purposes of
this chapter. Subject to the limitations and restrictions hereinafter set
forth such joint authority shall have all powers set forth in § 5.1-58.

§ 5.1-74. Eminent domain proceedings shall not be instituted by any
joint authority except by majority vote of each component agency or au-
thority of such joint authority. If so instituted, any property or rights
acquired thereunder shall be held by such agencies or authorities jointly,
according to the terms of the agreement creating the joint authority.

§ 5.1-75. The joint authority shall not dispose of any airport, air-
port navigational facility or real property under its jurisdiction except
by majority vote of each component agency or authority, provided, how-
ever, that this restriction shall not be construed to apply to any disposi-
tion of property contemplated or permitted by § 5.1-58.

§ 5.1-76. Whenever the Authority shall acquire ownership and jur-
isdiction over any airport or airports previously operated by an agency
of the United States, the Authority is hereby authorized to enter into an
agreement with such agency of the United States, as a condition of the
acquisition of the airport, for the provision, necessary and appropriate
use, maintenance and operation of such airport facilities as may be re-
quired by the United States or any specified agency or agencies thereof.

8. All acts and parts of acts, all sections of the Code of Virginia, and
all provisions of municipal charters inconsistent with the provisions of
this act are, except as otherwise provided, repealed to the extent of such
inconsistency.

4. The repeal of Title 5 effective as of July 1, 1966, shall not affect
any act or offense done or committed, or any penalty or forfeiture in-
curred, or any right established, accrued or accruing on or before such
date, or any prosecution, suit or action pending on that date. Except
as in this act otherwise provided, neither the repeal of Title 5 of the Code
of Virginia nor the enactment of Title 5.1 shall apply to offenses com-
mitted prior to July 1, 1966, and prosecutions for such offenses shall be
governed by the prior law, which is continued in effect for that purpose.
For the purposes of this act, an offense was committed prior to July 1,
1966, if any of the essential elements of the offense occurred prior thereto.
5. Whenever in Title 5.1 any of the conditions, requirements, provisions
or contents of any section, article or chapter of Title 5, as such title
existed prior to July 1, 1966, are transferred in the same or in modified
form to a new section, article or chapter of Title 5.1, and whenever any
such former section, article or chapter of Title 5 is given a new number
in Title 5.1, all references to any such former section, article or chapter
of Title 5 appearing elsewhere in the Code of Virginia than in Title 5.1
shall be construed to apply to the new or renumbered section, article or
chapter containing such conditions, requirements, provisions or contents
or portions thereof.

6. It is the intention of the General Assembly that this act shall be lib-
erally construed to effect the purposes set out herein, and if any clause,
sentence, paragraph or section of this act shall ever be declared uncon-
stitutional, it shall be deemed severable, and the remainder of this act
shall continue in full force and effect.

7. This act shall become effective on July 1, 1966.