Sec. 15. (a) The acquisition and improvement of land for use by the public as an airport and the maintenance of commercial passenger aircraft is a municipal purpose regardless of whether the airport or maintenance facility is owned or operated by a municipality. The owner of any airport located in this state, who holds a valid and current public airport certificate issued by the Indiana department of transportation, may claim an exemption for only so much of the land as is reasonably necessary to and used for public airport purposes. A person maintaining commercial passenger aircraft in a county having a population of:
(1) more than two hundred fifty thousand (250,000) but less than two hundred seventy thousand (270,000); or

Terms Used In Indiana Code 6-1.1-10-15


(2) more than three hundred thousand (300,000) but less than four hundred thousand (400,000); may claim an exemption for commercial passenger aircraft not subject to the aircraft excise tax under IC 6-6-6.5 that is being assessed under this article, if it is located in the county only for the purposes of maintenance.
(b) The exemption provided by this section is noncumulative and applies only to property that would not otherwise be exempt. Nothing contained in this section applies to or affects any other tax exemption provided by law.
(c) As used in this section, “land used for public airport purposes” includes the following:
(1) That part of airport land used for the taking off or landing of aircraft, taxiways, runway and taxiway lighting, access roads, auto and aircraft parking areas, and all buildings providing basic facilities for the traveling public.
(2) Real property owned by the airport owner and used for airport operation and maintenance purposes, which includes the following property:
(A) Leased property that:
(i) is used for agricultural purposes; and
(ii) is located within the area that federal law and regulations of the Federal Aviation Administration restrict to activities and purposes compatible with normal airport operations.
(B) Runway protection zones. (C) Avigation easements.
(D) Safety and transition areas, as specified in IC 8-21-10 concerning the regulation of tall structures and 14 CFR Part 77 concerning the safe, efficient use and preservation of the navigable airspace.
(E) Land purchased using funds that include grant money provided by the Federal Aviation Administration or the Indiana department of transportation.
(3) Real property used in providing for the shelter, storage, or care of aircraft, including hangars.
(4) Housing for weather and signaling equipment, navigational aids, radios, or other electronic equipment. The term does not include land areas used solely for purposes unrelated to aviation.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1980, P.L.74, SEC.15; P.L.77-1989, SEC.1; P.L.18-1990, SEC.18; P.L.126-2000, SEC.3; P.L.119-2012, SEC.16; P.L.180-2016, SEC.8. IC 6-1.1-10-15.5 Commercial passenger aircraft; resolution required; tenancy and use requirement; term of exemption Sec. 15.5. (a) As used in this section, “airport development zone” means an airport development zone designated under IC 8-22-3.5-5. (b) As used in this section, “allocated tax proceeds” refers to property taxes allocated under IC 8-22-3.5-9.
(c) As used in this section, “commission” has the meaning set forth in IC 8-22-3.5-2.
(d) As used in this section, “qualified airport development project” has the meaning set forth in IC 8-22-3.5-3.
(e) Before a person maintaining commercial passenger aircraft that is not subject to the aircraft excise tax under IC 6-6-6.5 may claim an exemption from property taxation for the commercial passenger aircraft, the commission must adopt a resolution authorizing the exemption for the commercial passenger aircraft.
(f) After the commission adopts a resolution described in subsection (e), a person maintaining a commercial passenger aircraft that is not subject to the aircraft excise tax under IC 6-6-6.5 may claim an exemption from property taxation for the commercial passenger aircraft if the following conditions exist when the commission adopts the resolution:
(1) The person is:
(A) a tenant or subtenant of any portion of the qualified airport development project; and
(B) a current user of all or any portion of the qualified airport development project.
(2) For purposes of maintenance, the aircraft will be located in the airport development zone.
(3) If bonds have been issued, either:
(A) the pledge of allocated tax proceeds to the payment of any bonds issued under IC 8-22-3-18.1 to finance any portion of the costs of the qualified airport development project has been discharged; or
(B) any bonds to which allocated tax proceeds were pledged have been paid in full in accordance with the documents under which the bonds were issued. If this subdivision applies, the person may not claim the exemption for a period longer than the original term of the bonds. As added by P.L.224-2003, SEC.266.