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Prairie Land Holdings, L.L.C. v. Federal Aviation Administration

United States Court of Appeals, Eighth Circuit

March 25, 2019

Prairie Land Holdings, L.L.C. Petitioner
v.
Federal Aviation Administration Respondent

          Submitted: January 17, 2019

          Petition for Review of an Order of the Federal Aviation Administration

          Before BENTON, MELLOY, and KELLY, Circuit Judges.

          MELLOY, CIRCUIT JUDGE.

         Prairie Land Holdings, L.L.C. ("Prairie Land") petitions for review of an adverse order by the Federal Aviation Administration's Office of Dispute Resolution for Acquisition ("ODRA") regarding property Prairie Land leases to the Administration. Having jurisdiction under 49 U.S.C.§ 46110, we affirm.

         I. Background

         In 1997, Respondent Federal Aviation Administration ("FAA") entered into a lease agreement with an Arkansas company, Southern Steel and Wire Co. ("Southern"), for a "pole site" of 0.009 acre in Fort Smith, Arkansas (the "property"). The lease permitted the FAA to construct and maintain on the property a "Low Level Windshear Alert System," which is a series of weather stations used to monitor wind speed and direction near the airport. The lease lasted ten years, whereupon the FAA and Southern renewed it for an additional ten. The renewed lease is the subject of the current dispute, and the relevant portions are as follows:

1. PREMISES:
The Lessor hereby leases to the Government [the property]. . . . .
2. TERM:
To have and to hold, for the term commencing on October 1, 2007, and continuing through September 30, 2017, inclusive, PROVIDED, that adequate appropriations are available from year to year for the payment of rentals.
8. RESTORATION:
The Government shall surrender possession of the premises upon the date of expiration or termination of ...

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