Tennessee § 42-3-102 - Chapter definitions.

§ 42-3-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires: “Air navigation facility” means any facility, other than a facility owned and 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 such facilities; “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 those areas; “Airport authority” or “authority” means any regional airport authority or municipal airport authority created pursuant to this chapter; “Airport hazard” means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft; “Avigation easement” means any easement that shall include all or any part of the following: The right to unobstructed and unrestricted flight of aircraft, in, through and across the airspace over and above certain land, beginning at the altitude or height above the surface of the land as determined by the airport authority; The right to enter upon certain described land for the purpose of removing and preventing any use of the land or the construction or erection of any buildings, structures or facilities and the growth of any trees or objects upon the real estate, over, above and across such certain described land, other than those uses, buildings, structures, facilities, growths of trees or objects expressly excepted; and The right to prevent the use of the land by any assembly of persons or the use of the land in such a manner as might attract or bring together an assembly of persons on the land; “Bonds” means any bonds, notes, interim certificates, debentures, or similar obligations issued by an authority pursuant to this chapter; “Clerk” means the custodian of the official records of a municipality; “Governing body” means the official or officials authorized by law to exercise ordinance or other law-making powers of a municipality, county or political subdivision of another state; “Municipal airport authority” or “municipal authority” means a municipal airport created pursuant to § 42-3-103; “Municipality” means any county, or any incorporated city or incorporated town of this state; “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 the individual or organization; and “Regional airport authority” or “regional authority” means a regional airport authority created pursuant to § 42-3-104. Acts 1957, ch. 376, § 1; 1977, ch. 471, § 3; T.C.A., § 42-602; Acts 2010, ch. 802, § 1. Amendments. The 2010 amendment added “, county or political subdivision of another state” to the end of the definition of “governing body”. Effective Dates. Acts 2010, ch. 802, § 3. July 1, 2010. Cited: Chapman v. Sullivan County, 608 S.W.2d 580, 1980 Tenn. LEXIS 511 (Tenn. 1980); Lewis v. Cleveland Mun. Airport Auth., 289 S.W.3d 808, 2008 Tenn. App. LEXIS 808 (Tenn. Ct. App. Sept. 11, 2008). Collateral References. Liability of United States for negligence of air traffic controller. 46 A.L.R. Fed. 24.