Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1981 NO. 12 > Apr 27 1981

An airport board established pursuant to RCW 14.08.200 by joint action between two port districts may not develop airport land belonging to the board with irrigation for agricultural purposes; however, such an airport board may lease property to a third party by private negotiation as authorized by RCW 14.08.200(7) even though it is known that the third party intends to develop the land with irrigation for agricultural purposes‑-so long as such development is not made a condition or requirement of the lease.

AGO 1992 NO. 18 > Aug 25 1992

1.  RCW 14.08.120(6) authorizes a port district to charge a fee to persons who use airport property.  However, this authority does not empower a port district to charge persons who do not use airport property, but who simply benefit from their proximity to airport property. 2.  RCW 14.08.120(6) provides that charges for the use of airport property shall be reasonable and uniform for the same class of service and established with due regard to the property and improvements used and the expense of operation to the municipality.  A charge based on a percentage of a user's gross receipts fails to meet these statutory requirements.

AGLO 1974 NO. 33 > Mar 15 1974

A port district, in leasing certain land which it owns adjacent to an airport operated by it, may restrict the lessee's use of that land to the maintenance and operation of an agricultural farm where such use is determined to be necessary in connection with the airport operation; such a district, however, may not itself engage in farming activities.

AGLO 1975 NO. 37 > Apr 1 1975

It would be illegal for the state to expend funds for capital improvements on real property in which it merely holds a leasehold interest unless it is entitled to (and physically able to) remove the improvements from the property upon the termination of the lease, or, alternatively, unless the value of the improvements as they will pass to the lessor are fully amortized in the computation of the rental obligations of the lessee.

AGO 1951 NO. 152 > Oct 17 1951

Upon the transfer of the physical assets of the Clallam County Airport to the Clallam County Port District the funds remaining in the county airport fund and which were derived from revenues from the operation of the airport should also be transferred to the port district.

AGO 1955 NO. 180 > Dec 28 1955

A portion of a fire district may withdraw from the district and join an adjoining district, regardless of the consent of the commissioners of the district in which it is presently located, provided statutory procedure is complied with; a fire district may contract with another fire district to furnish fire protection to an area wholly within another district; and a fire district has the duty to furnish fire protection to the transportation operations of an airport operated by a port district within the fire district boundaries.

AGO 1954 NO. 298 > Aug 13 1954

Zoning of building heights near an airport is a proper exercise of the police power.