42-5-102 - Chapter definitions. - Tennessee Statutes

42-5-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “Air navigation facility” means any facility, other than one 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 combination of any or all of such facilities;

     (2)  “Airport” means any area of land or water that is used, or intended for use, for the landing and take-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 thereon;

     (3)  “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;

     (4)  “Avigation easement” means any easement that includes 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 described land, beginning at the altitude or height above the surface of the land as determined by the municipality; 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 the 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 thereon;

     (5)  “Commissioner” means the commissioner of transportation;

     (6)  “Department” means the department of transportation;

     (7)  “Municipal” means pertaining to a municipality as defined in this section;

     (8)  “Municipality” means any county, incorporated city, or incorporated town of this state; and

     (9)  “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 thereof.

[Acts 1957, ch. 375, § 1; 1977, ch. 471, § 2; T.C.A., § 42-302; Acts 1981, ch. 264, § 17.]