67-11-401. Out-of-state airport jurisdiction -- reciprocity. (1) For the purpose of this section, "governmental agency" means any municipality, city, town, county, public corporation, or other public agency.

(2) The state or any governmental agency of this state having any powers with respect to planning, establishing, acquiring, developing, constructing, enlarging, improving, maintaining, equipping, operating, regulating, or protecting airports or air navigation facilities within this state may exercise those powers within any state or jurisdiction adjoining this state, subject to the laws of that state or jurisdiction.

(3) (a) A state adjoining this state or any governmental agency of an adjoining state may plan, establish, acquire, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and air navigation facilities within this state, subject to the laws of this state applicable to airports and air navigation facilities. Subject to subsection (3)(b), the adjoining state or governmental agency has the power of eminent domain in this state, which must be exercised as provided in Title 70, chapter 30.

(b) The power of eminent domain may not be exercised unless the adjoining state authorizes the exercise of that power in the adjoining state by this state or any governmental agency of this state having any of the powers mentioned in this section.

(4) The powers granted in this section may be exercised jointly by two or more states or governmental agencies, including this state and its governmental agencies, in a combination that may be agreed upon by the states or governmental agencies.

History: En. 1-922 by Sec. 21, Ch. 433, L. 1971; R.C.M. 1947, 1-922; amd. Sec. 47, Ch. 125, L. 2001.