Miss. Code Ann. tit. 61, ch. 9 — Incorporation of Airport Into Corporate Boundaries of Municipality | Mississippi Code Annotated — Mississippi

Miss. Code Ann. § 61-9-1 Authorization and procedure generally.

Any incorporated municipality of this state which has heretofore or may hereafter establish or acquire an airport or air navigational facility any part of which is situated within ten miles of the corporate limits of such municipality, may, by ordinance adopted for such purpose, incorporate the properties constituting such airport or air navigational facility into its corporate boundaries. Such incorporation may be accomplished by the adoption of an ordinance as provided in this chapter, regardless of whether or not such airport or air navigational facility is located within the same county as that of the incorporated municipality and irrespective of whether or not it is adjacent or contiguous thereto.

Miss. Code Ann. § 61-9-3 Contents and effect of ordinance providing for incorporation.

Any ordinance to incorporate properties constituting an airport or air navigational facility into the corporate boundaries of a municipality shall include the following provisions and shall be effective as follows: The ordinance shall accurately describe the metes and bounds of the property of the airport or air navigational facility to be incorporated; only such portions of property constituting the airport or air navigational facility as shall be owned by the municipality and properties in which easements have been acquired by it for streets, public utilities and public roads and used in connection therewith shall be subject to such incorporation. The ordinance shall provide that it shall not become operative until publication thereof shall have been made once each week for three (3) consecutive weeks in a newspaper, or newspapers, published or having a general circulation in the county or counties where both the municipality and such airport or air navigational facility shall be located. Subject only to the provisions hereof, and irrespective of the geographic location of the airport or air navigational facility in a county or judicial district other than the county or judicial district within which the principal office of the municipality is located, any such ordinance shall become effective upon the effective date fixed therein. On and after such effective date and on or after March 10, 1976, all laws, municipal ordinances, and local options effective in the municipality as a result of municipal, judicial district and county options exercised in the municipality, judicial district or the county within which the principal office of the municipality is located, and all other laws, orders, codes and resolutions of and applicable to the municipality availing or having availed itself of the provisions hereof as well as those of the board of supervisors of the county in which the principal office of the municipality is located, shall be applicable to such airport or air navigational facility; provided, however, that no permit for the sale of any alcoholic beverage as defined in Section 67-1-5, except an on-premises retailer’s permit as authorized by Section 67-1-51(c), shall be issued for use at such airport or air navigational facility. Venue for the trial of all offenses against such laws and ordinances shall be in the county in which the airport or air navigational facility is located. Nothing in this section shall be construed to restrict the county wherein the airport or air navigational facility is geographically located from levying and collecting state, county and school district ad valorem taxes on taxable properties situated thereat; and nothing in this section shall operate to impair or restrict the detachment of territory from a municipal separate school district and the annexation thereof to a county school district under Section 37-7-609, whether occurring prior to or subsequent to March 10, 1976. Provided, however, that this chapter shall apply only to municipalities having a population of one hundred thousand (100,000) or more.

Miss. Code Ann. § 61-9-5 Incorporation of airport property located in another county.

If any municipality shall, pursuant to the authority of this chapter, incorporate into its corporate boundaries property situated in a county other than the county in which the principal office of the municipality is located, it shall not thereafter extend its boundaries into such other county, without, in addition to complying with all existing laws of this state governing or relating to the extension of corporate boundaries of municipalities, first obtaining the consent and approval of the board of supervisors of such county into which it desires to extend its corporate boundaries.

Miss. Code Ann. § 61-9-7 Judicial review.

Any person aggrieved by any municipal ordinance adopted pursuant to the provisions of this chapter shall be entitled to an appeal to the circuit court of the county in which the principal office of the municipality is located in the manner provided for appeals from judgments or decisions of municipal authorities as set forth in Section 11-51-75, Mississippi Code of 1972.

Miss. Code Ann. § 61-9-9 Construction and application of chapter.

The provisions of this chapter shall be independent of, and in addition to, all existing laws of this state governing the extension or enlargement of municipal corporate boundaries and shall apply to all municipalities, whether any such municipality be operating under the code charter, under the commission form of government, or under a special charter, and regardless of whether a different or special procedure be provided by any such special charter, or by any other laws of the state.