Construction and Maintenance of Air Facilities by Department of Transportation

  1. Law
  2. Georgia Code
  3. Aviation
  4. Powers of Local Governments as to Air Facilities
  5. General Provisions
  6. Construction and Maintenance of Air Facilities by Department of Transportation

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  1. The Department of Transportation is authorized and empowered to construct and maintain airports, landing fields, air navigation facilities, and lighting and lighting fixtures and to contract with the counties and municipalities of the state for the construction and maintenance of such airports, landing fields, air navigation facilities, and lighting and lighting fixtures, all in accordance with the Federal Aviation Administration's specifications, regulations of the federal government, and upon such terms and conditions as the Department of Transportation may determine.
  2. The State Transportation Board is given the right of eminent domain to acquire sites for such airports, landing fields, and air navigation facilities.

(Ga. L. 1941, p. 237, § 2; Ga. L. 1965, p. 449, § 1; Ga. L. 1972, p. 1015, § 2004.)

Cross references.

- Department of Transportation aid for airport development, § 32-9-7.

Licensing of airports by Department of Transportation, § 32-9-8.

OPINIONS OF THE ATTORNEY GENERAL

Funding requires specific legislative appropriation.

- Department of Transportation is authorized to construct and maintain airports, but use of funds for that purpose, unless specifically appropriated by the legislature, would be unconstitutional. 1962 Op. Att'y Gen. p. 267.

Funding by motor fuel revenue.

- Motor fuel revenue cannot be used for purpose of entering into contract with local political subdivision for installation of navigational aid equipment at local airport. 1967 Op. Att'y Gen. No. 67-461.

Leasing or permitting use of facilities by private individuals.

- No authority is provided by statute for Highway Department (now Department of Transportation) to grant lease to or permit use of airport facilities by private individuals. 1970 Op. Att'y Gen. No. 70-98.

RESEARCH REFERENCES

Am. Jur. 2d.

- 8 Am. Jur. 2d, Aviation, §§ 82 et seq., 88 et. seq. 26 Am. Jur. 2d, Eminent Domain, § 140.

C.J.S.

- 2A C.J.S., Aeronautics and Aerospace, § 53 et seq. 29A C.J.S., Eminent Domain, § 57 et seq.

ARTICLE 2 POWERS OF LOCAL GOVERNMENTS AS TO AIR FACILITIES

JUDICIAL DECISIONS

Constitutionality of Ga. L. 1933, p. 102.

- Swoger v. Glynn County, 179 Ga. 768, 177 S.E. 723 (1934) (see O.C.G.A. Art. 2, Ch. 3, T. 6).


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