Colorado § 41-4-101 - Operation a governmental function.

§ 41-4-101. Operation a governmental function.

The acquisition of any lands for the purpose of establishing airports or other air navigation facilities; the acquisition of airport protection privileges; the acquisition, establishment, construction, enlargement, improvement, maintenance, equipment, and operation of airports and other air navigation facilities; and the exercise of any other powers granted in this part 1 to any county, city and county, city, or town are hereby declared to be public governmental functions, exercised for a public purpose, and matters of public necessity; and such lands and other property, easements, and privileges acquired and used in the manner and for the purposes enumerated in this part 1 are hereby declared to be acquired and used for public purposes and as a matter of public necessity.

Source: L. 45: p. 38, § 1. CSA: C. 45, § 242. CRS 53: § 5-4-1. C.R.S. 1963: § 5-4-1.

ANNOTATION

Operation of airport is governmental function. A city, in voluntarily assuming a power and exercising a function for the benefit of the municipality and extending aid toward the promotion and accommodation of air commerce and travel, did so in its municipal or proprietary capacity as distinguished from a governmental function assigned to it to enforce the general policy of the state in the administration of general laws. However, if the operation of the municipal airport by the city is in keeping with the declared policy of the general assembly to be a governmental function, then the power of the city to act for the purpose of the promotion and convenience of travel by air is further amplified, instead of restricted, by this section. Rocky Mt. Motor Co. v. Airport Transit Co., 124 Colo. 147, 235 P.2d 580 (1951).

City elected to provide certain necessary services and supplies by leasing portions of the airport to a fixed base operator, which would in turn provide those supplies and services to the airport users. The operation of the airport with respect to such essential functions is not for the particular benefit of the citizens of the municipality, but, rather, for the public good in general. Under these circumstances, the city was operating in its governmental capacity. Cherry Creek Aviation v. City of Steamboat Springs, 958 P.2d 511 (Colo. App. 1998).

Immunity from federal antitrust laws. The operation of a municipal airport pursuant to this section is immune from federal antitrust laws. Pueblo Aircraft Serv., Inc. v. City of Pueblo, 679 F.2d 805 (10th Cir. 1982).

The ownership and operation of an airport by a county pursuant to this section is immune from the federal antitrust laws. Rocky Mtn. Airways, Inc. v. Pitkin County, 674 F. Supp. 312 (D. Colo. 1987).

Board of county commissioners was acting pursuant to express grants of constitutional and statutory authority in creating the Eagle county air terminal corporation as an enterprise, as defined by § 20 of article X of the state constitution, and empowering it to act on county's behalf in constructing and operating a new commercial passenger terminal. Bd. of Comm'rs v. Fixed Base Operators, 939 P.2d 464 (Colo. App. 1997).

Applied in Duff v. City & County of Denver, 147 Colo. 123, 362 P.2d 1049 (1961); Bd. of County Comm'rs v. Intermountain Rural Elec. Ass'n, 655 P.2d 831 (Colo. 1982).