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Code · Missouri · Chapter 305

305.307. Powers of board — condemnation authorized.

779 words·~4 min read·/mo/chapter-305/305-307

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

305.307. Powers of board — condemnation authorized. — 1. The authority shall be a body corporate and a political subdivision of the county wherein established. It may sue and be sued, and its actions are declared to be for a public purpose.
2. The authority may exercise any of the following governmental powers, including the power of eminent domain within the county which created the authority, and all other powers necessary, incidental, convenient or desirable to carry out and effectuate the express powers. The power of eminent domain may be exercised only in the acquisition of lands adjacent to the existing airport. It may:
(1)Acquire by purchase, lease or otherwise, for the purpose of establishing and constructing one or more airports, any land or water lying anywhere within its designated area;
(2)Acquire by purchase, lease or otherwise any airport or airports located within its designated area, and may assume and pay, or guarantee the payment of, the principal and interest of any bonds secured by any such airport, provided that:
(a)The rentals payable on any lease of any such airport shall be payable only from any part or all of the income and revenues derived from the airport, any other authority airport or airports, any related facilities of any such airport, or any other property owned by the authority or from any two or more of such sources, and the payment of such rentals may be secured by a pledge of any part or all of any such income or revenues;
(b)Any such assumption or guaranty of the principal and interest of any bonds secured by any such airport, the related facilities thereof, any other authority airport or airports and their respective related facilities, any other authority property, or from the proceeds derived from the sale of bonds authorized to be issued by the authority pursuant to section 305.315 which are issued for the purpose of refunding any such bonds so assumed or guaranteed or any two or more of the foregoing sources; and
(c)Any such lease, assumption or guaranty shall state on its face that it does not constitute a debt of the authority or the state of Missouri within the meaning of the constitution and the statutes of the state of Missouri;
(3)Plan for, establish, acquire by purchase, lease or otherwise, construct, reconstruct, expand, improve and maintain related facilities for any authority airport;
(4)Acquire by purchase, lease or otherwise, any land or water lying within its designated area, and within one mile of the boundaries of any proposed or existing authority airport, and may plan for, establish, construct, reconstruct, expand, improve and maintain related facilities which the authority deems necessary or appropriate;
(5)Enter into leases or agreements for the operation by the authority of any airport or airports located in its designated area and any part or all of the related facilities thereof;
(6)Require the removal or relocation of all buildings, railroads, mains, pipes, conduits, wires, poles and other structures, facilities and equipment which may interfere with the location, operation, expansion or improvement of any proposed or existing authority airport or with the safe approach to or takeoff from any such airport by aircraft; but if the authority shall determine that it is necessary that any such facilities be relocated or removed entirely from any present or proposed authority airport, the person owning or operating such facilities shall relocate or remove the same in accordance with the order of the authority and all costs and expenses of such relocation or removal, including the cost of installing such facilities in a new location or locations, and the cost of any land or lands, or interest in land, or any other rights acquired to accomplish such relocation or removal shall be ascertained and paid by the authority as a part of the cost of any such present or proposed authority airport; and further, there shall be no rent, fee or other charge of any kind imposed upon the person owning or operating any facilities ordered relocated on the properties of the authority and the authority shall grant to the person owning or operating the facilities and his successors and assigns the right to operate the same in the new location or locations for as long a period and upon the same terms and conditions as he had the right to maintain and operate such facilities in their former location or locations;
(7)Receive and expend any funds from the state of Missouri, or any political subdivision thereof, which may be appropriated to further airport purposes.
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(L. 1985 S.B. 145 & 166 § 3, A.L. 1986 S.B. 550)
Effective 5-06-86
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