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AIRPORT COOPERATIVE RESEARCH PROGRAM Sponsored by the Federal Aviation Administration September 2018 Legal Research Digest 35 LEGAL CONSIDERATIONS IN THE FUNDING AND DEVELOPMENT OF INTERMODAL FACILITIES AT AIRPORTS This digest was prepared under ACRP Project 11-01, âLegal Aspects of Airport Programs,â for which the Transportation Research Board (TRB) is the agency coordinating the research. Under Topic 08-04, this digest was prepared by Timothy R. Karaskiewicz, Midwest Airport Consultants, Milwaukee, Wisconsin. Responsible Senior Program Officer: Marci A. Greenberger Background There are over 4,000 airports in the country and most of these airports are owned by governments. A 2003 survey conducted by Airports Council InternationalâNorth America concluded that city ownership accounts for 38 percent, followed by regional airports at 25 percent, sin- gle county at 17 percent, and multi-jurisdictional at 9 per- cent. Primary legal services to these airports are, in most cases, provided by municipal, county, and state attorneys. Research reports and summaries produced by the Air- port Continuing Legal Studies Project and published as ACRP Legal Research Digests are developed to assist these attorneys seeking to deal with the myriad of legal problems encountered during airport development and op- erations. Such substantive areas as eminent domain, envi- ronmental concerns, leasing, contracting, security, insur- ance, civil rights, and tort liability present cutting-edge legal issues where research is useful and indeed needed. Airport legal research, when conducted through the TRBâs legal studies process, either collects primary data that usu- ally are not available elsewhere or performs analysis of existing literature. Foreword As surface transportation congestion increases, cities have looked to intermodal facilities at airports to amelio- rate ground access crowding. With that, airports are un- der pressure to site and fund multimodal projects to con- nect them to road, transit, rail, and other transportation systems. Funding for on-airport and airport-adjacent projects involve a complex interplay of federal programs and federal requirements for use of airport land and air- port funds. This legal digest provides the background on multi- modal or intermodal facilities, the funding challenges, and a review of the guidance and decisions the FAA has made pertaining to intermodal facility development at airports. The history of the laws, rule, and regulations in this area are provided, as well as case studies to assist airport operators in understanding and navigating the complexity of multimodal developments.