Sovereign Immunity for Public Airport Operations (2015) / Chapter Skim
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Pages 6-11
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7 SOVEREIGN IMMUNITY FOR PUBLIC AIRPORT OPERATORS By Seay Law International I
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8 within the physical capabilities of the facility. While most public use airports are publically owned, there are also some privately owned public use airports.
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9 • Establishing procedures for filing of claims. • Limiting damages by placing a cap on recovery.
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10 versus proprietary functions. For example, the State of Ohio's code is a typical example in which a statute specifically delineates between the two, allowing recovery for injury related to proprietary functions but placing further limits on recovery for injuries related to governmental functions.12 Since the applicable grants or waivers of immunity are primarily statutory in nature, it is important to cite to the specific relevant provisions.
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11 this to be the case, there are a number of states in which the statute of limitations may not necessarily apply to the state, its subsidiaries, and subsequently to airports.16 F Trends Throughout the country and territories, the predominant trend is to abrogate or waive immunity, at least to some extent.
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12 Plan.21 As this plan moves forward, the extension of sovereign immunity to a private entity providing a traditionally governmental function will certainly be tested. Those results could have interesting and perhaps important implications for other airports that may enter into public–private partnerships for airport or aviation services.
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