Prairie Land Holdings, L.L.C. Petitioner
Federal Aviation Administration Respondent
Submitted: January 17, 2019
Petition for Review of an Order of the Federal Aviation
BENTON, MELLOY, and KELLY, Circuit Judges.
MELLOY, CIRCUIT JUDGE.
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.
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:
The Lessor hereby leases to the Government [the property]. .
. . .
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.
The Government shall surrender possession of the premises
upon the date of expiration or termination of ...