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CONTENTS I. Introduction, 3 II. The General Parameters of Airport Proprietary Rights, 3 A. Grants of State Power, 3 B. Federal Preemption, 6 C. Federal Contract Obligations, 8 III. Historical Context for Proprietary Rights Analysis, 9 A. Initial Powers and Liabilities, 9 B. Increasing Impacts, Legislation, and Litigation, 11 C. Supreme Court Establishment of Proprietary Rights, 13 D. Further Establishment of Proprietary Rights, 16 IV. Overview of Current Proprietary Rights Analysis, 17 A. Federal Lawâs Threshold Question: Who Is a Proprietor?, 18 B. Overview: The Right to Address the Local Effects of Flight, 19 C. Overview: The Right to Determine Rates and Charges, 26 D. Overview: The Right to Manage Property, 29 V. Conclusion, 34 Appendix A: SurveyâCurrent Proprietary Rights Issues, 35 Appendix B: Sources, 40 Appendix C: Case Update, 48
