An airport facility that receives funds under the Aviation Act may charge landing fees for aircraft used in commercial activities for compensation or for general aviation aircraft that weigh more than twelve thousand five hundred pounds; provided that any landing fees shall be assessed and used in compliance with federal law.

History: 1953 Comp., § 44-1-10.8, enacted by Laws 1963, ch. 314, § 8; 1979, ch. 336, § 1; 2003, ch. 43, § 1; 2019, ch. 250, § 1.

The 2019 amendment, effective July 1, 2019, authorized the imposition of landing fees for aircraft used in commercial activities for compensation or for general aviation aircraft over a certain weight; after "the Aviation Act", deleted "shall not" and added "may", after "landing fees for aircraft", deleted "except for aircraft", and after "compensation", added "or for general aviation aircraft that weigh more than twelve thousand five hundred pounds; provided that any landing fees shall be assessed and used in compliance with federal law".

The 2003 amendment, effective July 1, 2003, substituted "An airport facility that" for "No airport facility which" at the beginning, inserted "not" following "Aviation Act shall", and substituted "commercial activities for compensation" for "scheduled air service or commercial aircraft in excess of 18,000 pounds maximum gross weight" at the end.

Restriction imposed by section presupposes existing airport facility rather than one which is only in the feasibility or planning stage. 1971 Op. Att'y Gen. No. 71-115.

Use of funds for feasibility study. — This section would not prohibit landing fees for aircraft at a facility proposed to be built in the future, after a planning and feasibility study financed in part with a grant from the aviation department (now the aviation division of the department of transportation ), where no part of the grant was used for the construction, development or operation of the facility. 1971 Op. Att'y Gen. No. 71-115.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 2A C.J.S. Aeronautics and Aerospace §§ 188, 189.