Pennsylvania Consolidated Statutes

74 Pa. Cons. Stat. § 5903 (2026)

Authority of department.

✓ current as of May 2026

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§ 5903. Authority of department.

(a) Powers enumerated.--The department is authorized to:

(1) Allocate so much of the property for use as airports as it determines to be necessary.

(2) Operate and maintain the airports.

(3) Grant leases, licenses, easements and rights-of-way over, under and upon the property, for any period under such terms and conditions and for such rent or other consideration as the department deems proper. With respect to leases or agreements relating to airports, the appropriate department, in negotiations with any person regarding such leases or agreements, shall insure that retention and creation of employment shall be the ultimate result of these negotiations. Further, such lease or agreement shall include provisions that require the lessee to adequately maintain access roads, runways and buildings and keep the airport operational. If the lessee fails to abide by the terms of the lease or agreement with regard to the above, the appropriate department, after giving reasonable notice, shall terminate the lease or agreement.

(4) Sell and convey or exchange with the approval of the Governor and the General Assembly any of the property under such terms and conditions and for such consideration as the department deems proper.

(5) Equip, alter, repair, maintain, renew, relocate or demolish all or any portion of the property including any building, structure or fixture.

(6) Mark, build, rebuild, relocate, fix the width of, construct, repair and maintain roads over the property.

(7) Purchase, contract for and maintain all equipment, machinery, materials, services and supplies necessary to construct, operate or maintain the airport or the property.

(8) Maintain and operate utility services such as water, sewage, heat, electric power or other services and provide them to any tenant or other person occupying or using any of the property or facilities covered by this section, under such terms and conditions and for such rent or other consideration as the department deems proper; the department shall incur no monetary loss in the execution of these functions.

(9) Provide fire protection for the property and facilities if required by Federal law or regulation.

(10) Provide police protection in accordance with the act of May 21, 1943 (P.L.469, No.210), entitled "An act providing for commissioning as police officers certain employes of institutions maintained in whole or in part by the Commonwealth; conferring upon them the powers of constables in certain cases; and imposing duties on wardens and keepers of jails, police stations and lock-ups", and perform arrests and collect and retain all fines arising from infractions of the law including, but not limited to, vehicle parking violations.

(11) Employ such officers, technicians, professional assistants and other persons as the department deems necessary to carry out this section.

(12) Acquire additional lands with legislative approval.

(13) Collect rents, fees and other moneys derived from any source pursuant to any provision of this section.

(14) Acquire easements, leases, licenses, permits or other rights or interests necessary for the proper accomplishment of the purposes of this section.

(b) Procedures.--The powers and duties granted by this act shall be exercised in accordance with the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, where not inconsistent with this chapter.

Notes of Decisions

Cited in 7 cases, 1986–2003 · leading case: Mckinley v. Com., Dept. of Transp., 769 A.2d 1153 (Pa. 2001).

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Mckinley v. Com., Dept. of Transp., 769 A.2d 1153 (Pa. 2001). · cites it 8× “” See 74 Pa.C.S. § 5903. 1 The Department exercised this prerogative through the HIA police force.”

Mckinley v. Com., Dept. of Transp., 838 A.2d 700 (Pa. 2003). · cites it 4× “1 (incorporated by reference into 74 Pa.C.S. § 5903, the HIA officers' enabling statute, via 74 Pa.”

McKinley v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 769 A.2d 1153 (Pa. 2001). · cites it 7× “” See 74 Pa.C.S. § 5903. 1 The Department exercised this prerogative through the HIA police force.”

Mckinley v. Com., Dept. of Transp., 793 A.2d 996 (Pa. Commw. Ct. 2002). · cites it 4× “[1] Pursuant to Section 5903(a)(10) of the Aviation Code, 74 Pa.C.S. § 5903(a)(10), DOT was authorized to employ persons commissioned by the Governor as "police officers" in accordance with the Act of May 21, 1943, P.”

McKinley v. Commonwealth, Dep't of Transp., 739 A.2d 1134 (Pa. Commw. Ct. 1999). · cites it 2× “Under Section 5903(a)(10) of the Aviation Code, 74 Pa.C.S. § 5903(a)(10), DOT is authorized to provide "police protection" for the Harrisburg International Airport "in accordance with the Act of May 21, 1943 (P.”

Stambaughs Air Serv., Inc. v. Larson, 509 A.2d 1377 (Pa. Commw. Ct. 1986). “*479 Petitioners final contention is that DOT has violated Section 5903 of the Aviation Code (Code), 74 Pa. C. S. §5903, and the failure to abide by this legislative mandate vests jurisdiction in the Court.”

Enter. Leasing Co. v. Metro. Airports Comm'n, 92 F. Supp. 2d 936 (D. Minnesota 2000). “Gov’t Code § 50474 (1990); 74 Pa.Cons.Stat. § 5903 (1989). Importantly, none of the governing statutes in other states require the airport commissions at issue to determine airport user fees “with due regard to the value of the property and improvements used and the expense of…”

— 74 Pa. Cons. Stat. § 5903(a)(10) — 5 cases

Mckinley v. Com., Dept. of Transp., 793 A.2d 996 (Pa. Commw. Ct. 2002). “[1] Pursuant to Section 5903(a)(10) of the Aviation Code, 74 Pa.C.S. § 5903(a)(10), DOT was authorized to employ persons commissioned by the Governor as "police officers" in accordance with the Act of May 21, 1943, P.”

Mckinley v. Com., Dept. of Transp., 838 A.2d 700 (Pa. 2003). “1 (incorporated by reference into 74 Pa.C.S. § 5903, the HIA officers' enabling statute, via 74 Pa.”

Mckinley v. Com., Dept. of Transp., 769 A.2d 1153 (Pa. 2001). “” See 74 Pa.C.S. § 5903. 1 The Department exercised this prerogative through the HIA police force.”

McKinley v. Commonwealth, Dep't of Transp., 739 A.2d 1134 (Pa. Commw. Ct. 1999). “Under Section 5903(a)(10) of the Aviation Code, 74 Pa.C.S. § 5903(a)(10), DOT is authorized to provide "police protection" for the Harrisburg International Airport "in accordance with the Act of May 21, 1943 (P.”

McKinley v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 769 A.2d 1153 (Pa. 2001). “” See 74 Pa.C.S. § 5903. 1 The Department exercised this prerogative through the HIA police force.”

— 74 Pa. Cons. Stat. § 5903(b) — 2 cases

Mckinley v. Com., Dept. of Transp., 769 A.2d 1153 (Pa. 2001). “” See 74 Pa.C.S. § 5903. 1 The Department exercised this prerogative through the HIA police force.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.