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This paper is written from the point of view of air transport users of civilian jet airports. Such United States airport users are privately-owned companies (i.e., with stock, in most cases widely distributed, in the hands of the public), of varying sizes, which are regulated by the national government. Domestic air traffic operations are regulated by the Federal Aviation Agency/1/* (the "FAA") and their economic aspects, including routes, schedules, rates and services, by the Civil Aeronautics Board/2 (the "CAB"). On the other hand, the siding and planning of airports has been left to State and local governments, subject to (1) safety aspects over which the FAA has, in effect, a veto power,/3 and (2) certain conditions, including compliance with the FAA's National Airport Plan,/4 if funds of the Federal Government are to be used. Largely as a result of this fact, the United States Supreme Court has held that the airport operator (usually a local government or local agency of government), rather than the airport users or the Federal Government, is responsible for paying for property of airport neighbors that had been "taken" as part of the approach paths./5

In fact most of the 50 State governments in the United States have played only a minor role apart from conferring on local units of government the necessary powers to establish and operate airports./6

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