WVC 29 - 2 A- 8
§29-2A-8. Establishment and operation of state airports.
The commission is authorized on behalf of and in the name of
the state, out of appropriations and other moneys made available
for such purposes, to plan, establish, construct, maintain, and
operate airports and air navigation facilities within the state.
For such purposes the commission may, by purchase, gift, devise,
lease, condemnation or otherwise, acquire such property, real or
personal, as is necessary to permit safe and efficient operation
of the airports and air navigation facilities. In like manner,
the commission may acquire existing airports and air navigation
facilities: Provided, however,
That it shall not acquire or take
over any airport or air navigation facility owned or controlled
by a municipality of this or any other state without the consent
of such municipality. The commission may by sale, lease, or
otherwise, dispose of any such property, airport, air navigation
facility, or portion thereof or interest therein. Such disposal
by lease shall be made pursuant to the terms of chapter eight,
article eleven, section six of the code of West Virginia. Such
disposal by sale or otherwise shall be in accordance with the
laws of this state governing the disposition of other property of
the state, except that in the case of disposal to any
municipality or state government or the United States for
aeronautical purposes incident thereto the sale or other disposal
may be effected in such manner and upon such terms as the
commission may deem in the best interest of the state.
Nothing contained in this article shall be construed to
limit any right, power or authority of the state or a municipality to regulate airport hazards by zoning.
The commission may exercise any powers granted by this
section jointly with any municipalities or agencies of the state
government, with other states or their municipalities, or with
the United States.
In the condemnation of property authorized by this section,
the commission shall proceed in the name of the state in the
manner provided by chapter fifty-four, code of West Virginia, one
thousand nine hundred thirty-one.
Note: WV Code updated with legislation passed through the 2012 1st Special Session