305.307. Powers of board--condemnation authorized.
Powers of board--condemnation authorized.
305.307. 1. The authority shall be a body corporate and apolitical subdivision of the county wherein established. It maysue and be sued, and its actions are declared to be for a publicpurpose.
2. The authority may exercise any of the followinggovernmental powers, including the power of eminent domain withinthe county which created the authority, and all other powersnecessary, incidental, convenient or desirable to carry out andeffectuate the express powers. The power of eminent domain maybe exercised only in the acquisition of lands adjacent to theexisting airport. It may:
(1) Acquire by purchase, lease or otherwise, for the purposeof establishing and constructing one or more airports, any landor water lying anywhere within its designated area;
(2) Acquire by purchase, lease or otherwise any airport orairports located within its designated area, and may assume andpay, or guarantee the payment of, the principal and interest ofany bonds secured by any such airport, provided that:
(a) The rentals payable on any lease of any such airportshall be payable only from any part or all of the income andrevenues derived from the airport, any other authority airport orairports, any related facilities of any such airport, or anyother property owned by the authority or from any two or more ofsuch sources, and the payment of such rentals may be secured by apledge of any part or all of any such income or revenues;
(b) Any such assumption or guaranty of the principal andinterest of any bonds secured by any such airport, the relatedfacilities thereof, any other authority airport or airports andtheir respective related facilities, any other authorityproperty, or from the proceeds derived from the sale of bondsauthorized to be issued by the authority pursuant to section305.315 which are issued for the purpose of refunding any suchbonds so assumed or guaranteed or any two or more of theforegoing sources; and
(c) Any such lease, assumption or guaranty shall state onits face that it does not constitute a debt of the authority orthe state of Missouri within the meaning of the constitution andthe statutes of the state of Missouri;
(3) Plan for, establish, acquire by purchase, lease orotherwise, construct, reconstruct, expand, improve and maintainrelated facilities for any authority airport;
(4) Acquire by purchase, lease or otherwise, any land orwater lying within its designated area, and within one mile ofthe boundaries of any proposed or existing authority airport, andmay plan for, establish, construct, reconstruct, expand, improveand maintain related facilities which the authority deemsnecessary or appropriate;
(5) Enter into leases or agreements for the operation by theauthority of any airport or airports located in its designatedarea 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 otherstructures, facilities and equipment which may interfere with thelocation, operation, expansion or improvement of any proposed orexisting authority airport or with the safe approach to ortakeoff from any such airport by aircraft; but if the authorityshall determine that it is necessary that any such facilities berelocated or removed entirely from any present or proposedauthority airport, the person owning or operating such facilitiesshall relocate or remove the same in accordance with the order ofthe authority and all costs and expenses of such relocation orremoval, including the cost of installing such facilities in anew location or locations, and the cost of any land or lands, orinterest in land, or any other rights acquired to accomplish suchrelocation or removal shall be ascertained and paid by theauthority as a part of the cost of any such present or proposedauthority airport; and further, there shall be no rent, fee orother charge of any kind imposed upon the person owning oroperating any facilities ordered relocated on the properties ofthe authority and the authority shall grant to the person owningor operating the facilities and his successors and assigns theright to operate the same in the new location or locations for aslong a period and upon the same terms and conditions as he hadthe right to maintain and operate such facilities in their formerlocation or locations;
(7) Receive and expend any funds from the state of Missouri,or any political subdivision thereof, which may be appropriatedto further airport purposes.
(L. 1985 S.B. 145 & 166 § 3, A.L. 1986 S.B. 550)Effective 5-6-86