67-10-103. Public purpose. (1) Land acquired, owned, controlled, or occupied by a county, city, or town, individually or pursuant to joint action for the purposes enumerated in 67-10-102, is acquired, owned, controlled, and occupied for a public use and as a matter of public necessity. Counties, cities, and towns, whether acting individually or jointly, have the right to acquire property for the enumerated purposes under the power of eminent domain as provided in Title 70, chapter 30.
     (2) The following are public and governmental functions, exercised for a public purpose and as matters of public necessity:
     (a) the acquisition of land or an interest in land pursuant to this chapter;
     (b) the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports and air navigation facilities, including the acquisition or elimination of airport hazards; and
     (c) the exercise of any other powers granted in this chapter to municipalities and other public agencies, to be severally or jointly exercised.
     (3) All land and other property and privileges acquired and used by or on behalf of any municipality or other public agency in the manner and for the purposes enumerated in this chapter are acquired and used for public and governmental purposes and as a matter of public necessity and, in the case of a county or municipality, for county or municipal purposes, respectively.

     History: (1)En. Sec. 2, Ch. 108, L. 1929; re-en. Sec. 5668.36, R.C.M. 1935; amd. Sec. 2, Ch. 54, L. 1941; amd. Sec. 2, Ch. 88, L. 1961; Sec. 1-802, R.C.M. 1947; (2)En. Sec. 15, Ch. 288, L. 1947; Sec. 1-822, R.C.M. 1947; R.C.M. 1947, 1-802, 1-822; amd. Sec. 3, Ch. 140, L. 1979; amd. Sec. 40, Ch. 125, L. 2001.