Nope. Did the FAA own the airport? Was it federally owned?
The governments (FAA) only concern is meeting the assurances for money spent. Whatever pissing contest between the city and previous owner is their concern.
My understanding is that the feds leased the land. I don't know who the owners were of the various improvements. In any case, when the airport was transferred from the feds to the City in 1948, it was done under a transfer agreement that contained certain requirements "which shall run with the land." Part of this is summarized in the following excerpts from the civil minutes of one of the court cases that were pending between the City and the Federal Government:
As a result, on August 10, 1948, the United States and the City executed an Instrument of
Transfer, in which the United States surrendered its leasehold interest in the Airport Property, as
well as several easements, buildings, and airfield improvements, including the entire landing area,
the concrete 5,000-foot runway, and taxiway system. Pursuant to the Instrument of Transfer, the
United States “remised, released and forever quitclaimed” all of its “right, title, interest and claim” to
the described “real, personal, or mixed property” to the City subject to certain reservations,
restrictions and conditions agreed to in the Instrument of Transfer. Specifically, the Instrument of
Transfer provided, in relevant part:
• “That by the acceptance of this instrument or any rights hereunder” the City “agrees
that the aforesaid surrender of leasehold interest, transfer of structures,
improvements and chattels and assignment, shall be subject to the following
restrictions, set forth in subparagraphs (1) and (2) of this paragraph, which shall run
with the land, imposed pursuant to the authority of Article 4, Section 3, Clause 2 of
the Constitution of the United States of America, the Surplus Property Act of 1944, as
amended, Reorganization Plan One of 1947 and applicable rules, regulations and
orders . . . .”
• “(1) That, except as provided in subparagraph (6) of the next succeeding
unnumbered paragraph, the land, buildings, structures, improvements and equipment
in which this instrument transfers any interest shall be used for public airport
purposes for the use and benefit of the public, on reasonable terms and without
unjust discrimination . . . .”
• “(6) That no property transferred by this instrument shall be used, leased, sold,
salvaged, or disposed of by” the City “for other than airport purposes without the
written consent of the Civil Aeronautics Administrator . . . .”
See Complaint, Exhibit C. The Instrument of Transfer also contains the following “reversion”
clause:
• “By acceptance of this instrument, or any right hereunder” the City “further agrees . . .
[t]hat in the event that any of the aforesaid terms, conditions, reservations or
restrictions is not met, observed, or complied with by [the City] or any subsequent
transferee . . . the title, right of possession and all other rights transferred by this
instrument to the [City], or any portion thereof, shall at the option of [the United
States] revert to the [United States] sixty (60) days following the date upon which
demand to this effect is made in writing by the Civil Aeronautics Administrator or his
successor in function . . . .”
On August 10, 1948, the City confirmed its acceptance of the Instrument of Transfer, by
passing Resolution No. 183. On August 23, 1948, the Instrument of Transfer was recorded as a
quitclaim deed with the County Recorder for the County of Los Angeles, California.
https://www.nbaa.org/ops/airports/smo/20140213-US-District-Court-CV-13-8046-JFW-VBKx.pdfIt appears that the FAA Administrator is now consenting under item (6) to whatever the City wants to do with the land beginning in 2028. Prior to today's press releases, all indications were that the FAA was determined to fight this to the bitter end.
I've seen speculation on other boards that President Trump is behind the FAA's change of position, but January 20th to January 28th seems like an awfully short time for the details of this agreement between the FAA and the City to have been worked out. In any case, I thought it would be interesting to see what folks here think about that.