"Airports and landing fields."

- Language of O.C.G.A. § 6-3-25, "airports and landing fields", encompasses all property reasonably and uniformly used for public convenience and welfare to facilitate effective operation of the air transportation facility. Clayton County Bd. of Tax Assessors v. City of Atlanta, 164 Ga. App. 864, 298 S.E.2d 544 (1982).

Lease to private corporation.

- Airport property leased to corporation, which was used for provision of inflight meals, was subject to taxation when provisions of lease did not preserve the public's "rightful, equal, and uniform use" of the property as required by O.C.G.A. § 6-3-25. Clayton County Bd. of Tax Assessors v. City of Atlanta, 164 Ga. App. 864, 298 S.E.2d 544 (1982).

County subject to suit for breach or interference with performance.

- Under this article, which expressly extends the statute's coverage to counties, the county owning an airport is authorized to contract with a private party for the airport's operation; the logical inverse inference of the article is that to the extent the county is authorized to contract, it also may be sued upon contract for breach or for interference with performance. Southern Airways Co. v. DeKalb County, 102 Ga. App. 850, 118 S.E.2d 234 (1960) (see O.C.G.A. Art 2., Ch. 3, T. 6).

Binding nature of county's contract with private parties for operating airport.

- County owning an airport may properly contract with private parties for its operation, in whole or in part. In so doing, governing authority of county is engaged in a proprietary function and may, by such contract, bind its successors in office for a period of years. Southern Airways Co. v. DeKalb County, 102 Ga. App. 850, 118 S.E.2d 234 (1960).

Fulton County is not excused from accepting performance from a bankruptcy trustee's assignee, despite O.C.G.A. § 6-3-25, which authorizes counties to establish airports and to lease such airports, and Fulton County Code, § 29-3-74(i), which provides that "[l]eases may be assigned or sublet to qualified fixed base operators only with the approval of the Fulton County Commission." Abney v. Fulton County (In re Fulton Air Serv., Inc.), 34 Bankr. 568 (Bankr. N.D. Ga. 1983).

Cited in Caroway v. City of Atlanta, 85 Ga. App. 792, 70 S.E.2d 126 (1962).

City or county cannot create an authority to control and operate airport under this section.

- While this section authorizes cities and counties to construct, maintain, and operate airports or to vest such authority in an officer, board, or body of such political subdivision, the section does not authorize a city or county to create an authority to control and operate the city or county airport. 1960-61 Op. Att'y Gen. p. 13.

Am. Jur. 2d.

- 8 Am. Jur. 2d, Aviation, §§ 12 et seq., 82 et seq.

C.J.S.

- 2A C.J.S., Aeronautics and Aerospace, §§ 11 et seq., 53 et seq.