Compilation of State Airport Authorizing Legislation (2012) / Chapter Skim
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Pages 15-19
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16 ments and gross wages within the state; for cargo operators involved in importing or exporting; for entering leases covering certain acreage; for flying specific types of routes; or for development within a designated airport development zone.136 Tax benefits can take different forms, such as assessing equipment at a lower percentage of its value or applying tax benefits to materials consumed during flight. States also may use tax policies to address the effects of flight in communities surrounding an airport.
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17 ciencies of a tenant or in connection with airport construction work. State laws sometimes help airport entities enforce their lien rights as well.
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18 "Parker" immunity doctrine may also shield private participants in the action if the state actively supervises their implementation of the state's expressed policy.155 The Supreme Court has clearly established these immunity doctrines for government regulatory actions, but it noted that the doctrines may not always shield government if it acts as a market participant.156 State empowerment legislation thus plays an important role in helping an airport entity obtain immunity from antitrust liability. Legislation must be sufficient to make the anticompetitive effects of an action foreseeable.
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19 circumstances. For example, in Zimora v.
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20 Others may focus on the nature of an activity performed at the airport to determine whether the airport entity has acted in a governmental or proprietary capacity in a particular case. For example, a court may determine that the state's sovereign immunity attaches to the operation and maintenance of a police force or does not attach to the maintenance of a runway.170 Judicial analysis of these traditional principles is subject to varying tests and applications from state to state and even within a state.171 These analyses can produce varying results, and some courts have questioned the use of these common law principles.172 Under another approach to governmental immunity, states may not focus exclusively on governmental and proprietary distinctions but instead may provide that government entities can obtain immunity when their actions fall within specific statutory grants of immunity.
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