§135.1. Authority to equip, improve, establish fees and charges, and lease airport facilities
A. Airport districts, airport authorities, and other political subdivisions, including
the New Orleans Aviation Board, which establish or operate airports or landing fields or
which acquire or set apart immovable property for such purpose may:
(1) Construct, equip, improve, maintain, and operate the same or vest authority for
the construction, equipment, improvement, maintenance, and operation thereof, in an officer,
board, or sponsor of such political subdivision. The expense of construction, equipment,
improvement, maintenance, and operation is a responsibility of the sponsor or its vested
authority.
(2) Adopt regulations and establish charges, fees, and tolls for the use of such
airports or landing fields, fix penalties for the violation of regulations, and establish
privileges to enforce payment of the charges, fees, and tolls, except that such authority will
not be used to discriminate against the use of such airports or landing fields by any legitimate
aviation interest.
(3) Lease to any person, as defined in this Title, areas for operations space,
improvements, including industrial development, and equipment on such airports or landing
fields; provided that all leases of land, improvements, or equipment, except as hereinafter
provided, shall be by public bid under the provisions of the Public Bid Law, R.S. 38:2181
et seq., or under the provisions on leases of public lands, R.S. 41:1211 et seq.
(4) Notwithstanding any provision of law to the contrary and specifically any
provision contained in Paragraph (3) of this Subsection, the governing authority of any
airport located in this state which is eligible to receive funding from the Federal Aviation
Administration is authorized to lease to any person, as defined in this Title, land, areas for
operations space, improvements, including industrial development, and equipment on
airports or landing fields provided that any such governing authorities leasing land,
improvements, or equipment, except as hereinafter provided, shall charge fair and reasonable
prices for airport properties as determined by appraisals and fair market value comparisons
in accordance with Federal Aviation Administration guidelines. The appraisals and fair
market value comparisons required by this Paragraph shall be conducted and paid for by the
governing authority of the airport.
(5) Notwithstanding any provision of law to the contrary and specifically any
provision contained in Paragraph (3) of this Subsection, the governing authority of the
Natchitoches Regional Airport is authorized to lease to any person, as defined in this Title,
land, areas for operations space, improvements, including industrial development, and
equipment on such airport or landing fields provided that the governing authority leasing
such land, improvements, or equipment, except as hereinafter provided, shall charge fair and
reasonable prices for airport properties as determined by appraisals and fair market value
comparisons in accordance with Federal Aviation Administration guidelines. The appraisals
and fair market value comparisons required by this Paragraph shall be conducted and paid
for by the governing authority of the Natchitoches Regional Airport.
(6) Notwithstanding any provision of law to the contrary, including in Paragraph (3)
of this Subsection, the Iberia Parish Airport Authority, which operates LeMaire Airport in
Jeanerette, Louisiana, is authorized to lease to any person, as defined in this Title, land, areas
for operations space and improvements, including industrial development, and equipment
on such airport or landing field. However, the Iberia Parish Airport Authority, except as
provided in this Paragraph, shall charge a fair and reasonable price for airport properties as
determined by appraisals and fair market value comparisons in accordance with Federal
Aviation Administration guidelines. The appraisals and fair market value comparisons
required by this Paragraph shall be conducted and paid for by the Iberia Parish Airport
Authority.
B.(1) The public bid requirement provided in Paragraph (A)(3) of this Section shall
be at the option of the sponsor when such sponsor is leasing operations space of less than two
hundred fifty square feet.
(2) The advertisements shall set forth a description of the property to be leased, the
time when bids therefor will be received, and a short summary of the terms, conditions, and
purposes of the lease to be executed. The public bids provided for in this Part shall be secret,
sealed bids and shall be mailed or delivered to the lessor at its domicile address. The
advertisements provided for in this Section shall constitute judicial advertisements and legal
notices as required in accordance with the provisions of Chapter 5 of Title 43 of the
Louisiana Revised Statutes of 1950. At the date and hour mentioned in the advertisement
for consideration of bids, the bids shall be publicly opened by the lessor at its office.
(3) The lessor shall accept only the highest bid submitted which yields the greatest
benefits to the public in services and financial return to it by a person or persons who meet
all of the conditions of this Part. The lessor shall have the right to reject all bids.
(4) The lessor may execute any lease granted under such terms and conditions that
it deems proper or as otherwise provided in this Part.
(5) All leases signed by the lessor shall be executed in sufficient counterparts to be
disposed of as follows: one copy shall be furnished to the lessee; one copy shall be recorded
in the conveyance records of each parish in which the land lies; one copy shall be furnished
to the secretary of the Louisiana Department of Transportation and Development; and one
copy shall be retained in the records of the lessor.
C. Where private property adjoining an airport is acquired by a public body pursuant
to provisions of R.S. 2:133, leases may be entered into between the airport owner and the
owner of said property without advertising or competitive bidding, the terms of which shall
be determined by the appraised value of the land and/or buildings so acquired in relation to
the lease periods described in Subsection B of this Part.
D. Where the lessor has constructed or contemplates the construction of a building
or other improvements in order to expand the services of the airport, the lessor may execute
a lease for a period not to exceed twenty-five years and provide for a monthly or annual
rental, payable monthly or annually in advance, and advertise in accordance with Subsection
A of this Section, such lease may provide for the option to renew on stipulated conditions,
without further advertising or competitive bidding, for periods not to exceed an additional
twenty-five years.
E.(1) It having been determined that the financial stability of the state's air carrier
airports is dependent upon the ability to enter into long-term lease agreements with air
carriers and fixed-base operators in order to assure the resources necessary for the financing
of improvements for, and the maintenance of, such airports and that the nature of the lease
arrangements customarily entered into with such air carriers and fixed-base operators at air
carrier airports makes it unnecessary and undesirable that such lease agreements be subject
to advertisement and competitive bidding because leased premises or improvements
normally are constructed to the individual specifications of the air carriers and fixed-base
operators with the lease payments being designed to cover the cost of such premises or
improvements, and it having been determined that public convenience and necessity so
requires, it hereby is provided that, notwithstanding any other provision of law to the
contrary, leases of airport operational space, facilities, equipment, and other airport land and
improvements at airports may be entered into with air carriers and fixed-base operators for
initial terms of up to thirty years, and optional extension terms of up to an additional twenty-five years, without advertising or competitive bidding.
(2)(a) The term "air carrier" as used herein means a party certificated under state or
federal law to provide scheduled air transportation of persons, property or mail.
(b) The term "fixed-base operator" or "FBO" means an individual or a firm operating
at an airport and providing general aircraft or air cargo services including but not limited to
maintenance, storage, repair, and ground and flight instructions.
(c) The term "air carrier airport" means a facility served by an air carrier certificated
by the Civil Aeronautics Board under Section 401 of the Federal Aviation Act of 1958 (as
amended) or by an air carrier operating under an exemption to Section 401 of the Act granted
by the Civil Aeronautics Board for scheduled commuter airline service.
F. Notwithstanding any provisions of law to the contrary, no municipality, parish,
airport district, airport authority, or other political subdivision may grant a lease of an entire
airport nor may the public be deprived of its rightful, equal, and uniform use of the airport
or landing field or portion thereof, except at such times as may be required in the interest of
public safety, and no exclusive concession, license, or lease agreement may be made relative
to the business of servicing, repairing, or furnishing of supplies for aircraft or the sale, rental,
or leasing of aircraft or flight instruction. Prospective lessees providing such services must
have complied with the minimum aeronautical standards established by the lessor.
G. Lease agreements entered into with fixed-base operators prior to June 22, 1978,
may be amended so as to provide for an initial or primary term of up to thirty years and
optional extension terms of up to an additional twenty-five years without advertising or
competitive bidding, with the terms, conditions, fees, and rentals in such lease agreement to
be agreed upon by the authority and the fixed-base operator.
H. The provisions of this Section shall not apply to the Department of Military
Affairs of the state of Louisiana when leasing airport space at a publicly-owned airport for
military purposes.
I.(1) The Acadiana Regional Airport is the site of a former United States naval air
station, now owned by Iberia Parish by deed from the United States, consisting of facilities
conducive to use in heavy aircraft maintenance to, severally and singularly, manufacture,
store, maintain, retrofit, or repair aircraft in excess of eighty-eight thousand pounds
commonly used in the air carrier industry. Notwithstanding any other provision of law to the
contrary, leases of airport operational space, facilities, equipment, and other airport land and
improvements at Acadiana Regional Airport may be entered into with persons engaged in
the manufacture, storage, maintenance, retrofitting, repair, or maintenance of aircraft in
excess of eighty-eight thousand pounds used by the military services of the United States or
any state, or private person engaged in air carrier operations, or scheduled commuter
operations, or nonscheduled charter of persons, or property, or mail, for initial terms of up
to thirty years, and for optional extension terms of up to an additional twenty-five years,
without advertising or competitive bidding. Any lease undertaken under the provisions of
this Subsection shall provide conditions to assure that the area of the lease shall be suitably
maintained in a safe and serviceable condition; that services shall be provided on a fair,
equal, and not unjustly discriminatory basis; and that charges for services shall be fair,
reasonable, and not unjustly discriminatory.
(2) Any construction projects undertaken under the provisions of this Subsection
shall be performed in accordance with the provisions of R.S. 38:2211 et seq.
J. All leases with a term of five years or more shall contain a provision for periodic
adjustments based on a recognized economic index.
K. Public-use areas such as airport taxiways shall not be included in the lease area.
If public fueling facilities are included within the area to be leased, provisions must be made
for right of public access. Nothing in the lease shall authorize the use of the lease area to
block access to any other area or any public fueling service of the airport facility.
L.(1) Notwithstanding any other provision of law to the contrary, leases of public
airport operational space, facilities, equipment, and other airport land and improvements at
any air facility may be entered into with persons engaged in the manufacture, storage,
maintenance, retrofitting, repair, or maintenance of aircraft in excess of eighty-eight thousand
pounds commonly used by the military services of the United States or any state, or private
person engaged in air carrier operations, or scheduled commuter operations, or nonscheduled
charter of persons, or property, or mail, for initial terms of up to thirty years, and for optional
extension terms of up to an additional twenty-five years, without advertising or competitive
bidding.
(2) Any lease shall provide conditions to assure that the area of the lease shall be
suitably maintained in a safe and serviceable condition; that services shall be provided on a
fair, equal and not unjustly discriminatory basis; and that charges for services will be fair,
reasonable, and not unjustly discriminatory.
(3)(a) Notwithstanding the provisions contained in this Section or any other
provision of law to the contrary, any aviation maintenance technician who is certified by the
Federal Aviation Administration shall be authorized and permitted to enter into a public
airport facility to provide assessment, inspection, or consultation, which may include
preventative maintenance or minor repair work only if such work is expressly authorized in
advance by the airport. Nothing in this Paragraph shall restrict the right of the aircraft owner
to bring in a Federal Aviation Administration certified technician for a privately owned
aircraft stored in a leased or owned hangar in a public airport or facility provided that the
inspection, assessment, consultation, or work performed complies with the provisions
outlined in 14 CFR Part 43.
(b) The Federal Aviation Administration certified technician shall meet the following
requirements:
(i) Is authorized by the owner or lessee of the aircraft to perform the assessment,
inspection, or consultation, including preventative maintenance or minor repair work, if
necessary.
(ii) Complies with all security measures and access control policies established by
the airport including but not limited to being granted temporary access to restricted areas if
necessary.
(iii) Upon request, presents a valid Federal Aviation Administration certification and
identification at the time of entry to the airport.
(iv) Upon request, provides proof of appropriate liability insurance covering the
performance of their duties at the airport.
(4) If a privately owned aircraft is stored in a hangar that is leased or owned by a
person other than the aircraft owner, the Federal Aviation Administration certified technician
may only perform work pursuant to Paragraph (3) of this Subsection if the hangar owner or
lessee provides prior written or documented permission.
M.(1) The lease shall preclude the lessee fixed-base operator from requiring the users
of other leased areas to secure goods and services exclusively from such fixed-base operator.
In no case shall a fixed-based operator be leased more apron space than that for which an
immediate demonstrated need has been shown. Sponsors shall ensure that apron space not
necessary to current operations shall be available upon request to future tenants. Therefore,
where there is only one fixed-base operator on an airport and there is more apron space than
required for the operation of such operator, only that space actually required for such
operation shall be leased to the existing fixed-based operator.
(2) The lessor may designate within a lease agreement the time limit within which
construction of a fixed-based operation facility shall begin.
N.(1) The obligation to make a public airport available for the use and benefit of the
public does not impose any requirement to permit access from adjacent property or through-the-fence operations as defined in R.S. 2:1(26). The sponsor of a public airport is entitled to
seek the recovery of initial and continuing costs of providing a public use air operation area
from all users including those operating from off-airport property. The development of an
aeronautical enterprise on land uncontrolled by the sponsor of the public airport can result
in competitive advantage for the through-the-fence operator to the detriment of the airport
and on-airport operators. Therefore, the airport sponsor shall obtain from the off-airport user
fair market value. A through-the-fence lease agreement shall be fair, nondiscriminatory, and
in compliance with on-airport lease agreement provisions.
(2) The governing authority of a public airport may require any person or legal entity
proposing to engage in through-the-fence air operation area operations to enter into an airport
user agreement prior to the commencement of said operations. The user agreement may
include a fee schedule, user fee, and other terms and conditions for the use of the airport by
the through-the-fence operator. Such user agreement shall be fair, reasonable, and
nondiscriminatory.
(3) The provisions of this Subsection shall not apply to the activities of aerial
applicators which shall be in compliance with and controlled by the provisions of R.S.
2:135.3.
O. Notwithstanding any provision of law to the contrary, airport districts, airport
authorities, airport sponsors, and other political subdivisions which establish or operate
airports or landing fields or which acquire or set apart immovable property for such purposes
may lease lands of which they have title, custody, or possession on a share basis for the
agricultural purpose of planting, cultivating, growing, and harvesting any agricultural crops
with the terms, conditions, fees, and rentals in such lease to be agreed upon by the lessor and
the agricultural tenant provided such agreement is commensurate with agricultural standards
within the geographic area.
P. The provisions of this Section shall have no effect on the provisions of R.S.
33:130.351 through 130.359.
Added by Acts 1978, No. 78, §1, eff. June 22, 1978. Amended by Acts 1980, No.
181, §1; Acts 1983, 1st Ex. Sess., No. 26, §1, eff. Jan. 19, 1983; Acts 1984, No. 340, §1, eff.
July 2, 1984; Acts 1989, No. 670, §1, eff. July 7, 1989; Acts 1990, No. 280, §1; Acts 1991,
No. 478, §1; Acts 1993, No. 760, §2, eff. June 22, 1993; Acts 1999, No. 836, §1; Acts 2003,
No. 404, §1; Acts 2003, No. 1174, §1; Acts 2005, No. 360, §1; Acts 2005, No. 390, §1, eff.
July 1, 2005; Acts 2005, No. 478, §1, eff. July 1, 2005; Acts 2021, No. 443, §1; Acts 2021,
No. 445, §1, eff. Jan. 1, 2023; Acts 2021, No. 446, §1; Acts 2024, No. 605, §1; Acts 2025,
No. 286, §1, eff. July 31, 2025.
NOTE: Louisiana State Law Institute merged Acts 2021, No. 445 and 446 which each
enacted Subparagraph (B)(2)(c) with different eff. dates.