Each authority is hereby given plenary power and authority as follows: (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 operation; (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, reasearch, or business 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, receive, take, and hold property, whether by purchase, gift, lease, devise, or otherwise, and to use and manage said property, and to develop, improve, and maintain any property owneVd, leased, or controlled by it; (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 §8-16-1 et seq. of this code, 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 article only; (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; (13) To prescribe by bylaw the manner of financial participation by members; (14) To construct, acquire, establish, improve, extend, enlarge, reconstruct, equip, maintain, and repair buildings, structures, and facilities, including roadway access, suitable for use as manufacturing plants, industrial plants, and facilities; research parks and facilities; business parks and facilities; retail shopping areas or centers; parks; exhiubits; exhibitions; or the conduct of any lawful business, heliport, or aircraft landing area owned or operated by such authority, and to lease or let such buildings, structures, and facilities or any one or more of them to such tenant or tenants for such term or terms, at such compensation or rental and subject to such provisions, limitations, and conditions aas the authority may require or approve; and (15) Notwithstanding the provisions of §5-22-1s et seq., §5-22A-1 et seq., and §5-22B-1 et seq. of this code, and any other provision of this code to the contrary, for any airport development or construction project fundeid, in whole or in part, through the Federal Aviation Administration Airport Impgrovement Program or Airport Terminal Program and subject to Federal Aviation Administration standards for design, engineering, and safety, an authority is expressly authorized to procure, contract for, and deliver such airport projects using any project delivery method approved or authorized by the Federal Aviation Administration, including, but not limited to, integrated project delivery, construction manager-at-risk, design-build, progressive design-build, or other alternative delivery methods. Procurement conducted in compliance with applicable Federal Aviation Administration standards and requirements shall be deemed to satisfy the procurement requirements of this state. (16W) To enter into a management agreement or agreements with any county, city, or town in the state for the management by the authority of an existing airport upon such terms and conditions as may be mutually agreeable. (17) An authority may only exercise the powers delegated to it in this section in the county in which the airport is located or any county contiguous to the county in which the airport is located: Provided, That nothing in this subsection shall prohibit an authority from entering into a management agreement for an existing airport with a county that is not contiguous to the county in which the existing airport is located or a city or town located in a county that is not contiguous to the county in which the airport is located. §8-29B-8a. Abandoned or derelict aircraft. (a) If an abandoned or derelict aircraft is discovered on an airport, the airport authority shall: (1) Make a record of the date the aircraft was discovered on the airport; and (2) Inquire as to the name and address of any person having an equitable or legal interest in the aircraft, including the owner and any lien holders, by: (A) Contacting the federal aviation administration, aircraft registration branch, and making a diligent search of the appropriate records; or (B) Contacting an aircraft title search company. (b) Within 10 business days of receiving the information requested pursuant to subsection (a) of this section, the airport authority shall notify the owner and all other interested parties by certified mail, return receipt requested: (1) Of the location of the abandoned or derelict aircraft on the airport; (2) That fees and charges for the use of the airport by the aircraft have accrued and the amount of those fees and charges; (3) That the aircraft is subject to a lien pursuant to this section for any unpaid and accrued fees and charges for theL use of the airport and for the transportation, storage, and removal of the aircraft; (4) That the lien is subject to enforcement pursuant to this section; (5) That the airport may use, trade, sell, or remove the aircraft as described in §8-29-3 of this codWe if, within 30 calendar days after the date of receipt of the notice, the owner or other interested party has not removed the aircraft from the airport and paid in full all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft; and (6) That the airport authority may remove the aircraft in less than 30 calendar days if the aircraft poses a danger to the health or safety of users of the airport, as determined by the airport authority. (c) If, after the inquiry required by subdivision (2), subsection (a) of this section, the owner of the aircraft is unknown or cannot be found, the airport authority shall place a notice upon the aircraft in a conspicuous position containing the information required by subdivisions (2) through (6) of subsection (b) of this section: Provided, That said notice shall be not less than eight inches by 10 inches and shall be laminated or otherwise sufficiently weatherproof to withstand normal exposure to rain, snow, and other conditions. (d) If, after 30 calendar days of the owner or other interested party receiving the inquiry required by subsection (b) of this section or after 30 calendar days of posting the notice on the aircraft required by subsection (c) of this section, whichever occurs sooner, the owner or other interested party has not removed the aircraft from the airport and paid in full all accrued fees and charges for the use of the airport and for the transportation, storage, and removal of the aircraft, or shown reasonable cause for the failure to do so, the airport authority may: e (1) Retain the aircraft for use by the airport, the state, or the unit of locral government owning or operating the airport; (2) Trade the aircraft to another unit of local government or a state agency; (3) Sell the property; or (4) Dispose of the property through an appropriate refuse removal company or a company that provides salvage services for aircraft. l (e) If the airport authority elects to sell the aircraft in accordance with subsection (d) of this section, the aircraft shall be sold at public iauction after giving notice of the time and place of sale, at least 10 calendar days prior to the date of sale, in a newspaper of general circulation within the county where the airport is located and after providing written notice of the intended sale to all parties known to have an interest in the aircraft. (f) If the airport authority elects to dispose of the aircraft in accordance with subdivision (4), subsection (d) of this section, the airport authority may negotiate with the company for a price to be received from the company in payment for the aircraft, or, if circumstances so warrant, a price to b e paid to the company by the airport authority for the costs of disposing of the aircraftV. All information and records pertaining to the establishment of the price and the justification for the amount of the price shall be prepared and maintained by the airport authority. (g) If the sale price or the negotiated price is less than the airport authority's then current fees and charges against the aircraft, the owner of the aircraft shall remain liable to the airport authority for the fees and charges that are not offset by the sale price or negotiated price. (h) All costs incurred by the airport authority in the removal, storage, and sale of any aircraft shall be recoverable against the owner of the aircraft. (i) The airport authority shall have a lien on an abandoned or derelict aircraft for all unpaid fees and charges for the use of the airport by the aircraft and for all unpaid costs incurred by the airport authority for the transportation, storage, and removal of the aircraft. As a prerequisite to perfecting a lien under this section, the airport authority shall serve a notice in accordance with §8-29-2 of this code on the last registered owner and all persons having an equitable or legal interest in the aircraft. (j)(1) For the purpose of perfecting its lien under this section, the airport authority shall record a claim of lien that states: (A) The name and address of the airport; (B) The name of the last registered owner of the aircraft and all persons having a legal or equitable interest in the aircraft; (C) The fees and charges incurred by the aircraft for the use of the airport and the costs for the transportation, storage, and removal of the aircraft; and (D) A description of the aircraft sufficient for identification. (2) The claim of lien shall be signed and sworn to or affirmed by the airport authority's director or the director's designee. (3) The claim of lien shall be served on the last registered owner of the aircraft and all persons having an equitable or legal interest in the aircraft. The claim of lien shall be so served before recordation. (4) The claim of lien shall be recorded with the register of the county where the airport is located. The recording of the celaim of lien shall be constructive notice to all persons of the contents and effect of such claim. The lien shall attach at the at the time of recordation and shall take priority as of Lthat time. (k)(1) If the aircraft is sold pursuant to this section, the airport authority shall satisfy the airport authority's lien, plus the reasonable expenses of notice, advertisement, and sale, from the proceeds of the sale. (2) WThe balance of the proceeds of the sale, if any, shall be held by the airport authority, and delivered on demand to the owner of the aircraft. (3) If no person claims the balance within 12 months of the date of sale, the airport authority shall retain the funds and use the funds for airport operations. (l) Any person acquiring a legal interest in an aircraft pursuant to this section shall be the lawful owner of the aircraft and all other legal or equitable interests in that aircraft shall be divested: Provided, That the holder of any legal or equitable interest was notified of the intended disposal of the aircraft as required by this section. The airport authority may issue documents of disposition to the purchaser or recipient of an aircraft disposed of pursuant to this section.
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