ACRP Legal Research Digest 10

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38 4 Leasing Practices Allowed—General aviation • A proprietor frequently experiences Part 16 actions involving general aviation leasing practices. • A proprietor faced questions regarding whether companies not affiliated with an FBO can maintain and repair general aviation aircraft at the airport. 3 Leasing Practices Allowed—Other government tenants 3 Local Liability Issues—Airport-related immunities or rights 0 Maintenance Requirements and Practices Allowed 6 Minimum Standards—Allowable practices • Proprietors faced political interference when adopting new minimum standards. 8 Noise Measures—Allowable practices • A neighboring city objected to a proprietor’s sound insulation/noise mitigation program. 2 Operations Requirements—Allowable practices 3 Permitting Practices Allowed • A prior FBO engaged in litigation over whether the airport must have agreements with ground handlers (a Part 16 case went to decision, but the proprietor voluntarily entered these agreements as part of the Part 16 action). 2 Pollution Control—Allowable practices 6 Rate Making—Allowable practices • Proprietors faced concerns over potential new rate-making processes. 5 Regulatory Efforts by Other Governmental Entities—Allowable practices • A neighboring city objected to a proprietor’s sound insulation/noise mitigation program. 11 Revenue Diversion—Allowable practices • An FAA audit asked a proprietor to change certain practices (minor). • A local transportation agency believed a proprietor was legally obligated to mitigate off-airport traffic congestion on adjacent streets under state environmental law. • A proprietor entered negotiations to amend its police services contract to make more transparent the services received and costs incurred. • A proprietor faced disputes over who had the right to contract for and take revenues from potential gas drilling activities under airport property. • A proprietor faced disputes when the city that owns its real property wanted to use portions of it. • Proprietors faced questions from nonprofits seeking charitable contributions. 3 Rules and Regulations—Ability to govern internal airport matters 3 Rules and Regulations—Ability to govern use of the airport 1 Safety Requirements—Allowable practices • State legislation resolved the authority of the airport police to take action on property surrounding the airport. 2 Security Requirements—Allowable practices 1 Technology Implementation—Allowable practices 1 Temporary Restrictions on the Proprietor—Imposed to permit a review period 5 No Proprietary Rights Issues Reported. In general, smaller airports reported fewer issues.
39 4. Issues of Interest to Responding Proprietors Area Land Use/Planning Surrounding the Airport Leasing Generally Air Service Issues of Interest to Responding Proprietors A proprietor’s general ability to impose height limitations through zoning. How proprietors can extend a runway without zoning approval from the city. The appropriate duration for various leases. How proprietors can lease their property for nonaeronautical uses when there is no aeronautical demand. How proprietors can measure the fair market value of land when a tenant has made substantial site improvements. How a proprietor can work under interim leases when the proprietor anticipates development, such as how arrangements can eliminate claims for relocation costs under the Uniform Relocation Act at the time when the tenant must vacate, and the proprietor’s ability to limit lease term. Areas that relate to how proprietors interact with other governmental units. All areas are of interest. How to generate air service without violating revenue diversion rules.
Page 1 and 2: September 2010 AIRPORT Cooperative
Page 3 and 4: 3 ANALYSIS OF FEDERAL LAWS, REGULAT
Page 5 and 6: 5 ments imposed by a state may beco
Page 7 and 8: 7 “the ultimate touchstone of pre
Page 9 and 10: 9 tions are fully understood, (b) a
Page 11 and 12: 11 The Court determined for the fir
Page 13 and 14: 13 airspace upon such terms and con
Page 15 and 16: 15 lations under 14 C.F.R. Part 36
Page 17 and 18: 17 Burbank-Glendale-Pasadena Airpor
Page 19 and 20: 19 ronment around the airport, the
Page 21 and 22: 21 proprietor can make other airpor
Page 23 and 24: 23 such a process when Stage 3 airc
Page 25 and 26: 25 cisco v. F.A.A., 258 a proprieto
Page 27 and 28: 27 Kent, Michigan. 280 The Court no
Page 29 and 30: 29 nonaeronautical uses—was also
Page 31 and 32: 31 the proprietor. For example, air
Page 33 and 34: 33 vantage of these principles to p
Page 35 and 36: 35 APPENDIX A SURVEY—CURRENT PROP
Page 37: • A proprietor was questioned abo
Page 41 and 42: 41 Raynor v. King County, 2 Wash. 2
Page 43 and 44: 43 Historical Context for Airport P
Page 45 and 46: 45 Weight-Based Restrictions at Air
Page 47 and 48: 47 Air Transp. Ass’n of America v
Page 49 and 50: 49 ACKNOWLEDGMENTS This study was p

ACRP Legal Research Digest 10

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