Mich. Comp. Laws » Michigan Compiled Laws / Chapter 259 / Act 327 of 1945
Michigan Compiled Laws

Mich. Comp. Laws § 259.126 (2026)

Airports; acquisition and operation by political subdivisions.

✓ current as of July 2026
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AERONAUTICS CODE OF THE STATE OF MICHIGAN


Act 327 of 1945


259.126 Airports; acquisition and operation by political subdivisions.

Sec. 126.

    Every political subdivision in this state is hereby authorized through its governing body to acquire property, real and personal, for the purpose of establishing, constructing, and enlarging airports, landing fields and other aeronautical facilities, and to acquire, establish, construct, enlarge, improve, maintain, equip, operate and regulate such airports, landing fields and other aeronautical facilities, and other property incidental to their operation, either within or without the territorial limits of such political subdivision, and within or without the state of Michigan, in the manner provided by the laws of this state for the acquisition of real property for public purposes. Acquisition may be by purchase, lease, gift, condemnation or dedication: Provided, That, except with respect to the enlargement of existing airports, landing fields and other aeronautical facilities, a verdict of necessity in any condemnation case pending on the effective date of this act, or hereafter instituted pursuant to the provisions of this section, shall not be rendered by the condemnation jury, in case the proposed site is wholly or partially located within a charter township of more than 35,000 population according to the latest census or is wholly or partially located within a political subdivision next adjoining such charter township and the proposed site is located in a county other than that in which the condemning authority is situated, until such time as evidence is presented to the court showing that the board of supervisors of the county within which the proposed site is wholly or partially located and the board of supervisors of the county within which the adjoining political subdivision is located have approved the acquisition and condemnation of such property for such purposes by a majority vote of its members elect.

History: 1945, Act 327, Imd. Eff. May 28, 1945 ;-- CL 1948, 259.126 ;-- Am. 1953, Act 39, Imd. Eff. May 3, 1953

FormerLaw Notes:

    See sections 1, 2, 3, 4, and 6 of Act 182 of 1927, being CL 1929, §§ 4829, 4830, 4831, 4832, and 4834; Act 344 of 1939.

Notes of Decisions
Cited in 5 cases, 1963–1997 · leading case: USAA Ins. v. Houston Gen. Ins., 559 N.W.2d 98 (Mich. Ct. App. 1997).
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USAA Ins. v. Houston Gen. Ins., 559 N.W.2d 98 (Mich. Ct. App. 1997). · cites it 2× “§ 259.126; M.S.A. § 10.226. Thus, the question presented is whether the Legislature intended that government entities be considered "nonprofit organizations" under the statute.”
Codd v. Wayne Cnty., 537 N.W.2d 453 (Mich. Ct. App. 1995). · cites it 2× “See MCL 259.126; MSA 10.226. Therefore, the operation of Detroit Metropolitan Airport by defendant Wayne County constitutes a governmental function.”
Johnson v. Detroit Metro. Airport, 350 N.W.2d 295 (Mich. Ct. App. 1984). · cites it 2× “" MCL 259.126; MSA 10.226 (emphasis added).”
Checker Cab Co. v. Twp. of Romulus, 123 N.W.2d 772 (Mich. 1963). “CLS 1956, §259.126, and CLS 1956, § 259.133, as amended by PA 1959, No 181 (Stat Ann 1960 Rev §§ 10.”
Budget Rent-A-Car Sys., Inc. v. Cnty. of Wayne, 742 F. Supp. 947 (E.D. Mich. 1990). “§ 259.126 et seq. Plaintiff argues the provision of the contract deprives it of its property without due process of law; is so patently arbitrary, irrational and unfair as to deprive it of equal protection of the laws; and is viola-tive of the restrictions imposed upon…”
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