CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 29. INTERGOVERNMENTAL RELATIONS -- REGIONAL AIRPORTS.
PART I. AUTHORITIES AUTHORIZED; ORGANIZATION OF AUTHORITIES;
OPERATION OF AIRPORTS; DEFINITIONS.
§8-29-1. Regional airport authorities authorized; definitions.
Any two or more municipalities, any two or more contiguous
counties, or any county or two or more contiguous counties and one
or more municipalities located therein or partly therein, of this
state, are hereby authorized to create and establish one or more
authorities for the purpose of acquiring, establishing,
constructing, equipping, improving, financing, maintaining and
operating a regional airport or airports, as the case may be, for
the use of aircraft: Provided,
That no such municipality or county
shall participate in such authority unless and until the governing
body or county court so provides. As 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, the term "contiguous counties" means two or more counties
which constitute a compact territorial unit within an unbroken
boundary wherein one county touches at least one other county, but
does not require that each county touch all of the other counties
so combining, and the term "authority" means a regional airport
authority created pursuant to the provisions of this article.
§8-29-2. Authorities to be public corporations.
Each authority when created and established, and the members
thereof, shall constitute a public corporation and as such, shall
have perpetual succession, may contract and be contracted with, sue
and be sued, and have and use a common seal.
§8-29-3. Authorities empowered and authorized to acquire, operate,
etc., airports and develop industrial parks; state
Each authority is hereby empowered and authorized to acquire,
establish, construct, equip, improve, finance, maintain and operate
a regional airport or landing field and appurtenant facilities so
located to best serve the region in which they are located,
including, but not limited to, industrial parks. Each authority
shall be subject to the jurisdiction of the state aeronautics
commission to the same extent as a state or municipal airport.
§8-29-4. Management of authority vested in members; appointment
and terms of members; vote of members; valuation of
property contributed to an authority; participation by
additional municipalities or counties without state.
The management and control of each authority, its property,
operations, business and affairs shall be lodged in a board of not
less than five nor more than twenty-one individuals who shall be
known as members of the authority and who shall be appointed for
terms of three years each by the municipalities and county courts
contributing moneys or property to the authority. However, the
first board shall be comprised of one member appointed by each
participating municipality and one member appointed by each
participating county court, and any such member shall serve a term
of one year, beginning as of the date the authority is created. No
more than three members shall serve from one county on the first
Each municipality or county shall have one vote for each five
thousand dollars it has contributed to the authority in the form of
moneys or property. When property is contributed, the contributing
municipality or county court and the authority shall agree in
writing at the time the contribution is made as to the fair market
value of such property, which valuation shall determine the number
of votes to be allocated to the municipality or county on the basis
thereof. For the fiscal year during which any authority is formed,
the number of votes to which any municipality or county shall be entitled shall be determined as of the time of formation of the
authority and shall govern until the end of that fiscal year, even
though additional moneys or property are contributed during that
fiscal year. Thereafter, the number of votes shall be determined
at the end of each fiscal year and such determination shall govern
for the ensuing fiscal year, even though additional moneys or
property are contributed during that fiscal year. Subsequent to
its formation, any authority may permit any municipality or county
without this state to participate in the affairs of the authority,
to appoint members of the authority in the same manner, and to have
such vote or votes beginning as of the next ensuing fiscal year, as
prescribed by law with respect to the original participating
municipalities or counties or any combination thereof.
§8-29-5. Substitution of members.
If any member of an authority die, or resign, or be removed,
or for any other reason cease to be a member of the authority, the
municipality or the county court (or other similar body in the case
of an out-of-state participating county) which such member
represented shall appoint another individual to fill the unexpired
portion of the term of such member.
§8-29-6. Qualification of members.
All members of the board of each authority shall be residents
of the municipality or county which said members represent.
§8-29-7. Compensation of members.
No member of the board of an authority shall receive any
compensation, whether in form of salary, per diem allowance or
otherwise, for or in connection with his services as such member.
Each member shall, however, be entitled to reimbursement by the
authority for all reasonable and necessary expenses actually
incurred in connection with the performance of his duties as such
PART II. GENERAL POWERS OF AUTHORITIES.
§8-29-8. Powers of authorities generally.
Each authority is hereby given plenary power and authority as
(1) To make and adopt all necessary bylaws and rules for its
organization and operations not inconsistent with law;
(2) To elect its own officers, to appoint committees and to
employ and fix the compensation for personnel necessary for its
(3) To enter into contracts with any person, including both
public and private corporations, or governmental department or
agency, and generally to do any and all things necessary or
convenient for the purpose of acquiring, establishing,
constructing, equipping, improving, financing, maintaining and
operating a public airport to best serve the region in which it is
located, including the development of an industrial park in the
same general area;
(4) To delegate any authority given to it by law to any of its
officers, committees, agents or employees;
(5) To apply for, receive and use grants-in-aid, donations and
contributions from any source or sources, including, but not
limited to, the federal government and any department or agency
thereof, and this state subject to any constitutional and statutory
limitations with respect thereto, and to accept and use bequests,
devises, gifts and donations from any person;
(6) To acquire lands and hold title thereto in its own name;
(7) To purchase, own, hold, sell and dispose of personal property and to sell, lease or otherwise dispose of any real
property which it may own;
(8) To borrow money and execute and deliver negotiable notes,
mortgage bonds, other bonds, debentures and other evidences of
indebtedness therefor, and give such security therefor as shall be
requisite, including giving a mortgage or deed of trust on its
airport properties and facilities or assigning or pledging the
gross or net revenues therefrom;
(9) To raise funds by the issuance and sale of revenue bonds
in the manner provided by the applicable provisions of article
sixteen of this chapter, it being hereby expressly provided that
for the purpose of the issuance and sale of revenue bonds, each
authority is a "governing body" as that term is used in said
(10) To establish, charge and collect reasonable fees and
charges for services or for the use of any part of its property or
facilities, or for both services and such use;
(11) To expend its funds in the execution of the powers and
authority herein given;
(12) To apply for, receive and use loans, grants, donations,
technical assistance and contributions from any regional or area
commissions that may be established; and
(13) To prescribe by bylaw the manner of financial
participation by members.
PART III. CONTROL OF VEHICULAR AND
PEDESTRIAN TRAFFIC NEAR AIRPORTS.
§8-29-9. Rules and regulations to control vehicular and pedestrian
traffic within quarter mile of airport; violation of
rule and regulation a misdemeanor; penalty.
The county court of the county in which any such airport or
the major portion thereof is located is hereby empowered and
authorized, upon request of the authority, 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 such airport, (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
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 IV. INDEBTEDNESS; FUNDS; EMINENT DOMAIN; EXEMPTION
FROM TAXATION; DISPOSITION OF SURPLUSES.
§8-29-10. Indebtedness of authorities.
Each authority may incur any proper indebtedness and issue any
obligations and give any security therefor which it may deem
necessary and advisable in connection with carrying out its
purposes as hereinbefore mentioned.
No indebtedness or obligation incurred by an authority shall
give any right against any member of the governing body of any of
said municipalities, or the county court (or other similar body in
the case of an out-of-state participating county) of any of said
counties, or any member of the board of the authority. No
indebtedness of any nature of an authority shall constitute an
indebtedness of any municipality or county or the governing body of
any such municipality or the county court (or other similar body in
the case of an out-of-state participating county) of any such
county, or be a charge against any property of any municipality or
county. The rights of creditors of an authority shall be solely
against the authority as a corporate body and shall be satisfied
only out of property held by it in its corporate capacity.
§8-29-11. Agreements in connection with obtaining funds.
Each authority may, in connection with obtaining moneys or
property for its purposes, enter into any agreement with any
person, including the federal government, or any department, agency
or subdivision thereof, containing such provisions, covenants,
terms and conditions as the authority may deem advisable.
§8-29-12. Authorities to have right of eminent domain.
Whenever it shall be deemed necessary by an authority, in
connection with the exercise of its powers herein conferred, to
take or acquire any lands, structures or buildings or other rights,
either in fee or as easements, for the purposes herein set forth,
the authority may purchase the same directly or through its agents
from the owner or owners thereof, or failing to agree with the
owner or owners thereof, the authority may exercise the power of
eminent domain in the manner provided for condemnation proceedings
in chapter fifty-four of this code, and such purposes are hereby
declared to be public uses for which private property may be taken
or damaged: Provided,
That under no circumstances shall an
authority have the right of immediate entry.
§8-29-13. Property, bonds and obligations of authorities exempt
Each authority shall be exempt from the payment of any taxes
or fees to the state or any subdivisions thereof or any
municipalities or to any officer or employee of the state or of any
subdivision thereof or of any municipality.
The property of each authority shall be exempt from all
municipal and county taxes. Bonds, notes, debentures and other
evidences of indebtedness of the authority are declared to be
issued for a public purpose and to be public instrumentalities,
and, together with interest thereon, shall be exempt from taxation.
§8-29-14. Authorities may lease facilities.
Each authority may lease its airport and all or any part of
the appurtenances and facilities therewith to any available lessee,
subject to all constitutional and statutory limitations with
respect thereto, at such rental and upon such terms and conditions
as the authority deems proper. The leases shall be subordinate to
any mortgage or deed of trust executed by the authority. An
authority may lease land, the original taking of which was
necessary for airport purposes, for economic development purposes
compatible with, but not necessarily associated with, airport
§8-29-15. Disposition of surplus of authorities.
If an authority should realize a surplus, whether from
operating the airport or leasing it for operation, over and above
the amount required for the equipping, improvement, maintenance and
operation of the airport and for meeting all required payments on
its obligations, it shall set aside such reserve for future
equipping, improvements, maintenance, operations and contingencies
as it shall deem proper and shall then apply the residue of such
surplus, if any, to the payment of any recognized and established
obligations not then due, and after all such recognized and
established obligations have been paid off and discharged in full,
the authority shall, at the end of each fiscal year, set aside the
reserve for future equipping, improvements, maintenance, operations
and contingencies, as aforesaid, and then pay the residue of such
surplus, if any, to the municipalities and counties in direct
proportion to their contribution of moneys and property.
§8-29-16. Contributions to authorities; funds and accounts of
Contributions of moneys may be made to authorities from time
to time by the participating municipalities and counties, and
persons that shall desire to do so. All such moneys and all other
moneys received by an authority shall be deposited in such banking
institution or banking institutions as the authority may direct and
shall be withdrawn therefrom in such manner as the authority may
direct. Each authority shall keep strict account of all of its
receipts and expenditures and shall each quarter make a quarterly
report thereon to the municipalities and counties which have made
contributions of moneys or property, and such report shall contain
an itemized account of its receipts and disbursements during the
preceding quarter. Such report shall be made within sixty days
after the termination of the quarter. Within sixty days after the
end of each fiscal year, each authority shall make an annual report
containing a summary of its receipts and disbursements for the
preceding fiscal year, and publish the same as a Class II-0 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 municipalities and counties, as provided
in section one of this article. The books, records and accounts of
each authority shall be subject to audit and examination by the
office of the state tax commissioner and by any other proper public
official or body in the manner provided by law.
The municipalities and counties or any one or more of them
participating therein, jointly or severally, are hereby empowered
and authorized to appoint members of the said authorities and to
contribute to the cost of acquiring, establishing, constructing,
equipping, improving, and maintaining and operating the said
regional airports and appurtenant facilities.
Any of the municipalities or counties as provided in section
one of this article is hereby empowered and authorized to convey or
transfer to the authorities property of any kind heretofore
acquired by the municipalities or counties for airport purposes.
PART V. DISSOLUTION OF AUTHORITIES; WORKMEN'S
§8-29-18. Dissolution of authority; disposition of assets after
payment of debts.
In the event full and adequate provision is made for the
payment of all of the debts of an authority, the participating
municipalities or counties or any combination thereof which have
contributed at least sixty percent of the total value of all moneys
and property (the value of which property is determined as
specified in section four of this article) contributed to the
authority by the participating municipalities and counties may by
resolution provide for the dissolution of the authority and for (1)
the conveyance of the real and tangible personal property
contributed to it to those participating municipalities and
counties which contributed the same, (2) equitable distribution
among the contributing municipalities and counties of any real and
tangible personal property purchased or condemned by the authority
or of the proceeds of sale thereof, or the fair value thereof, and
(3) the equitable distribution of all moneys on hand to the
participating municipalities and counties in direct proportion to
the contribution of moneys by them.
§8-29-19. Employees to be covered by workmen's compensation.
All eligible employees of any authority shall be deemed to be
within the workmen's compensation statute of this state and
premiums on their compensation shall be paid by the authority as
required by law.
§8-29-20. Liberal construction of article.
The purposes of this article are to provide for the
acquisition, establishment, construction, equipping, improvement,
financing, maintenance and operation of regional airports in a
prudent and economical manner, and this article shall be liberally
construed as giving to any authority created and established
hereunder full and complete power reasonably required to give
effect to the purposes hereof. The provisions of this article are
in addition to and not in derogation of any power granted to or
vested in municipalities and county courts under any
constitutional, statutory or charter provisions which may now or
hereafter be in effect.
Note: WV Code updated with legislation passed through the 2012 1st Special Session