CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 28. INTERGOVERNMENTAL RELATIONS -- AIRPORTS AND AVIGATION.
PART I. DEFINITIONS; OPERATION OF AIRPORTS.
When used in this article, the terms "airport" and "aircraft"
shall have the meanings ascribed to them in section one, article
two-a, chapter twenty-nine of this code.
§8-28-2. Establishment, lease and operation of airports by
municipalities and counties; jurisdiction of county
Any municipality or county may acquire, establish, construct,
lease, equip, improve, maintain and operate for such municipality
or county an airport for the use of aircraft, and may acquire or
lease for such purpose real property within or without or partly
within and partly without the corporate limits of such
municipality, or within or without or partly within and partly
without such county, or may set apart and use for such purpose real
property owned by the municipality or county, which is not needed
for any other public use, however such real property was acquired.
Any county court now owning or leasing or hereafter acquiring or
leasing any real property without or partly without the limits of
its county for the purpose of acquiring, establishing,
constructing, improving, maintaining and operating an airport,
shall have the same and all jurisdiction over such property, its
maintenance and operation, as it has with respect to real property
owned or leased and operated by it for airport purposes within the
limits of its own county.
§8-28-3. Acquisition of property for airport; payment therefor.
Real property necessary for such airport may be acquired by
gift, or by purchase if such municipality or county is able to
agree with the owners of such real property on the terms thereof,
and otherwise by condemnation, in the manner provided by law under
which such municipality or county is authorized to acquire real
property for public use. The purchase price or award for any
property acquired for airport purposes may be paid by appropriation
of moneys available therefor or wholly or partly from the proceeds
of sale of the bonds of such municipality or county, as the
governing body or county court shall determine, subject, however,
to the general provisions of law for the issuance and sale of bonds
of municipalities and counties for public purposes generally.
§8-28-4. Construction, maintenance and operation of airport;
expenses; rules and regulations and fees.
The governing body or county court of such municipality or
county may direct or employ or vest jurisdiction in any appropriate
officer, board or body of such municipality or county to locate,
acquire, establish, construct, lease, equip, improve, maintain and
operate such airport for such municipality or county, but the site
so located and the acquisition, establishment, construction,
leasing, equipment, improvement, maintenance and operation of such
airport shall be subject to the approval of such governing body or
county court, as the case may be. The expense of the acquisition,
establishment, construction, leasing, equipment, improvement,
maintenance and operation shall be a municipal or county charge, as
the case may be.
The governing body or county court may adopt rules and
regulations and establish fees or charges for the use of such
airport, or may authorize the officer, board or body of such
municipality or county having jurisdiction to adopt such rules and
regulations and establish such fees and charges, subject, however,
to the approval of such governing body or county court before they
shall take effect.
PART II. CONTROL OF VEHICULAR AND PEDESTRIAN
TRAFFIC NEAR AIRPORTS.
§8-28-5. Rules and regulations to control vehicular and pedestrian
traffic within quarter mile of airport; violation of
rule and regulation a misdemeanor; penalty.
The governing body or county court is hereby empowered and
authorized to adopt and promulgate rules and regulations to: (1)
Control the movement and disposition of vehicular and pedestrian
traffic within one-fourth mile of any building or installation of
any airport owned or operated or owned and operated by any such
municipality or county court, (2) regulate and control vehicular
parking within such areas by the installation of parking meters or
by other methods, and (3) impose reasonable charges for the use of
the parking space so metered or otherwise allocated, so as to
provide maximum opportunity for the public use thereof.
Violation of any such rule and regulation shall constitute a
misdemeanor and the offender, upon conviction in the manner
provided by law, may be fined not less than two dollars nor more
than ten dollars for each such violation.
Justices of the peace shall have concurrent jurisdiction with
the circuit courts and with statutory courts of record having
criminal jurisdiction for the trial of offenses under this section.
PART III. JOINT OPERATION OF AIRPORTS.
§8-28-6. Airports maintained jointly; abandonment and sale
thereof; suits concerning disposition, etc., of
One or more municipalities or counties or both may join with
another or other municipalities or counties or both for the purpose
of acquiring, establishing, constructing, leasing, equipping,
improving, maintaining and operating an airport. Any such airport
may be located at such point as the governing bodies and county
courts of the municipalities and counties joining therein may agree
upon, and such municipalities and counties may raise, by levy or
otherwise as provided in this article, funds for the purpose of
acquiring, establishing, constructing, leasing, equipping,
improving, maintaining and operating any such airport, and the
municipalities and counties shall agree upon the proportionate part
of the cost and expense of such airport to be paid by each
municipality and county joining therein. The provisions of
sections two, three, four, five, seven and eight of this article
shall apply to any such joint airport, and as to section five, the
rules and regulations authorized therein shall be jointly adopted
In case any such joint airport is abandoned and such airport
is owned by such municipalities and counties, the same may be sold
with the approval of the governing bodies and county courts of the
municipalities and counties jointly owning same. The proceeds of such sale shall be distributed to the municipalities and counties
in the proportion to which such municipalities and counties had
contributed to the acquisition, establishment, construction,
equipment, improvement, maintenance and operation of such airport.
In case of a failure of the municipalities and counties to agree
upon the disposition of such airport and the equipment thereat or
connected therewith or used in its maintenance or operation, any
one or more of the municipalities and counties interested therein
may bring a suit in the circuit court of the county in which such
airport or the major portion thereof is located, and upon a trial
of the cause, held in the manner provided by law for other civil
actions seeking equitable relief, the court shall make such decree
or decrees with reference to the disposition of the property and
distribution of the proceeds or other moneys involved as to the
court may seem to the best interests of all the parties involved,
and an appeal from any such decree or decrees to the supreme court
of appeals shall lie as in other civil actions.
PART IV. LEASE OF AIRPORTS TO OTHERS.
§8-28-7. State and political subdivisions empowered and
authorized to lease airports and grounds to others.
The state, acting through the aeronautics commission, or any
municipality or county, owning, either severally or jointly with
other governmental units, an airport and any grounds used or useful
in connection therewith may severally or jointly lease the same to
others, for use as an airport and for any other purposes incidental
to and not inconsistent therewith, for a term not exceeding thirty
That no lease shall be executed by such owner or
owners of any such airport or grounds unless and until such owner
or owners shall have given notice by publication of the following
described notice as a Class II legal advertisement in compliance
with the provisions of article three, chapter fifty-nine of this
code, and the publication area for such publication shall be the
state if it is the state which proposes to make such lease or the
political subdivision or subdivisions involved if it is a political
subdivision or subdivisions which propose to make such lease. The
notice shall state its or their intent to lease said airport or
grounds, shall accurately describe what is proposed to be leased,
the purpose or purposes for which the same may be used and the
terms of said lease, shall state the time and place for the public
opening of proposals for such lease, and shall reserve the right to
reject any and all proposals. Nothing herein contained, however,
shall prevent such owner or owners of any such airport or grounds from granting or renting landing rights for airplanes, hangar
space, gasoline storage space, handling facilities, ticket or
general office space, or any other facilities or rights in
connection with such airport or grounds, covering or affecting less
than the whole thereof, without notice and upon such terms as such
owner or owners may deem advisable. All income received by a
municipality or county court under the terms of any such lease or
grant shall be paid to the state sinking fund commission to retire
the bonded indebtedness, if any, created for the acquisition,
establishment, construction, equipment, improvement, maintenance
and operation of such airport or grounds, and if there be no such
outstanding bonded indebtedness, then such income shall be paid
into the general funds of such municipality or county.
PART V. FUNDS FOR AIRPORTS.
§8-28-8. Levy for airport; funds for its maintenance and
The governing body of a municipality or the county court of a
county to which this article is applicable may lay a levy, not to
exceed five cents on each one hundred dollars of valuation, for a
period not exceeding three years, and appropriate therefrom funds
for the purpose of acquiring, establishing, constructing, equipping
or improving an airport. Funds necessary for providing maintenance
and operating expenses for such airport may be appropriated out of
the general funds of the municipality or county: Provided,
nothing contained herein shall in any way affect any rights, powers
and privileges of any municipality or county court under any
special act of the Legislature providing for the laying of levies
or the expenditure of funds for acquiring, establishing,
constructing, equipping, improving, maintaining or operating an
PART VI. MUNICIPALITIES IN ADJOINING STATES
AND AIRPORT LAND IN THIS STATE.
§8-28-9. Construction, maintenance and operation of airports by
municipalities of an adjoining state; acquisition of
property therefor; property tax exempt.
Notwithstanding any other provision of law to the contrary, a
municipality organized and existing under the laws of an adjoining
state, the nearest corporate limits thereof being not more than ten
miles distant from the nearest boundary of this state, may acquire
or lease real property situate within this state, the nearest
boundary of such real property being not greater than ten miles
from the nearest corporate limits of such municipality of an
adjoining state, for use in connection with the acquisition,
establishment, construction, lease, equipment, improvement,
maintenance or operation for such municipality of an adjoining
state of an airport exclusively for nonprofit public use; and any
such municipality shall have the right to acquire real property
necessary for such airport by gift or by purchase, and otherwise by
condemnation, and the use of real property in this state under the
provisions hereof shall be deemed to be a public use for which
private property may be taken or damaged, for just compensation.
All property, real and personal, acquired, held and used in this
state pursuant to the provisions of this section shall be public
property and therefore exempt from taxation in the manner provided
by section nine, article three, chapter eleven of this code.
Note: WV Code updated with legislation passed through the 2012 1st Special Session