May 28, 2024

Daily Camera guest opinion by Mark Wallach

Mark Wallach is a member of the Boulder City Council writing in his individual capacity.

This May 28, 2024 Daily Camera piece is a follow up to Wallach’s prior piece about the economics of the airport property and how housing is the highest and best use of the land.   In this piece he discusses FAA opposition to the idea and the myth that we can’t afford to convert the airport due to FAA obligations.

Wallach also compares this effort to the Muni effort, showing how very different the situations are.  

Update: On July 26, 2024 Boulder filed a lawsuit against the FAA claiming FAA overreach and asking for clear title to airport property, see The City of Boulder is Suing the FAA.

Wallach makes the point that we own the land on which the airport sits.   While Boulder did borrow money from the FAA for 44 acres of the 179 acres, those contracts were written between 47 and 64 years ago.   The last of those contracts expired in 1997.  Also, none had requirements to operate the airport in perpetuity.   

Also, if we must sell the land and repay the FAA, we are only obligated to remit the proceeds to the FAA.   There are no out of pocket costs to the city. 

The Muni “was an extraordinarily complicated litigation across a multitude of issues,” while this is simply a case of contract interpretation.  Wallach believes “the covenants we signed are expired and do not bind us the way current covenants do.”   

The city’s subsequent lawsuit against the FAA agrees with this view.   We are in agreement with the City via it’s lawsuit against the FAA that this clarification is essential regardless of whether the airport is converted to neighborhoods or not.   This is city-owned land.   Wallach says, “My colleagues, and ultimately the entire community, should determine the final use of this property. But that land is ours and we should do what is necessary to establish our unrestricted right to do with it as we will.”