(a)Departmental Operation.

Terms Used In Tennessee Code 42-2-205

  • Air navigation facility: means any facility, other than one owned or operated by the United States, used in, available for use in, or designed for use in aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of these facilities. See Tennessee Code 42-2-101
  • Airport: means any area of land or water that is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements or rights-of-way, together with all airport buildings and facilities located on such areas, easements or rights-of-way. See Tennessee Code 42-2-101
  • Avigation easement: means any easement that includes all or any part of the following:
    (A) The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain described land, at the altitude or height above the surface of the land as determined by the department of transportation. See Tennessee Code 42-2-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of transportation. See Tennessee Code 42-2-101
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative of such a person. See Tennessee Code 42-2-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) In operating an airport, air navigation facility, or avigation easement owned or controlled by the state, the department may enter into contracts, leases and other arrangements for a term not exceeding fifty (50) years with any persons:

(A) Granting the privilege of using or improving the airports or air navigation facility or any portion or facility of the airports or air navigation facility or space in the airports or air navigation facility for commercial purposes;
(B) Conferring the privilege of supplying goods, commodities, things, services, or facilities at such airport or air navigation facility; or
(C) Making available services to be furnished by the department or its agents at such airport or air navigation facility.
(2) In each case, the department may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and shall be established with the due regard to the property and improvements used and the expenses of operation to the state; provided, that in no case shall the public be deprived of its rightful, equal and uniform use of the airport, air navigation facility, avigation easement or portion or facility of the airport or avigation easement.
(b)Other Operation. The department may by contract, lease or other arrangement, upon a consideration fixed by it, grant to any qualified person for a term not to exceed fifty (50) years the privilege of operating, as agent of the state or otherwise, any airport owned or controlled by the state; provided, that no person shall be granted any authority to operate the airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport that the department might not have undertaken under subsection (a).
(c)Liens. To enforce the payment of any charges for repairs to, or improvements, or storage or care of, any personal property made or furnished by the department or its agents in connection with the operation of an airport or air navigation facility owned or operated by the state, the state shall have liens on the property, which shall be enforceable by the department as provided by law.
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