1650 LAWS OF MARYLAND. [CH. 956

tated Code of Maryland (1939 Edition), title "Aero-
nautics, " sub-title "Airports, " relating to municipal
airports or landing fields and regulations applicable
thereto.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Sections 35, 36, 37, 38, 39 and 41 of Article 1A of the
Annotated Code of Maryland (1939 Edition), title "Aero-
nautics, " sub-title "Airports, " be and the same are hereby
repealed and re-enacted, with amendments, to read as
follows:

35. Every city, village, or town in this -State is hereby
authorized to acquire, establish, construct, own, control,
lease, equip, improve, maintain and operate air-
ports or landing fields or other facilities for the use of any
type of aircraft either within or without the limits of such
cities, villages, or towns, and may use for such purpose or
purposes any property suitable therefor that is now or may
at any time hereafter be owned or controlled by such city,
village, or town.

36. The Board of County Commissioners of any county
in this State is hereby authorized to acquire, establish,
construct, own, control, lease, equip, improve, maintain
and operate airports or landing fields or other
facilities for the use of any type of aircraft within the
limits of such counties, and may use for such purpose or
purposes any property suitable therefor that is now or may
at any time hereafter be owned or controlled by such county.

37. Any property, including air rights or interests
acquired, owned, controlled, or occupied by such cities,
villages, towns, or counties for the purposes enumerated
in Sections 35 and 36 hereof shall and are hereby declared
to be acquired, owned, controlled, and occupied for a public
purpose and as a matter of public necessity, and such
cities, villages, towns, or counties shall have the right to
acquire property of every kind, including air rights or
interests, for such purpose or purposes under the power of
eminent domain as and for a public necessity.

38. Private property of every kind, including air rights
or interests, needed by a city, village, town, or county for
an airport or landing field or other facilities for the use
of any type of aircraft shall be acquired by purchase if
the city, village, town, or county is able to agree with the
owners on the terms thereof, and otherwise by condemna-
tion, in the manner provided by law under which the city,