Understanding the permissible use of airport revenue is one of the most common legal issues faced by airport management. While there are some clear lines, there are several categories (e.g., utility fees) of potential expenditures of airport revenue that is not as clearly defined. In addition to the legal uncertainty, airport operators often face political pressure to use airport revenue for purposes that are tangentially related or unrelated to the airport.
This legal digest explores the permissible uses of airport revenue and airport property and relies on the background of economic and legal information presented in ACRP Legal Research Digest 2: Theory and Law of Airport Revenue Diversion, with updates. It focuses on the application of federal law and policy to specific categories of expenditures and uses and includes discussion of statutory law, policy, case law, informal and formal guidance from the FAA. This publication is a practical guide for attorneys and non-attorneys, and differentiates between settled areas of the law and unsettled/emerging areas.