Charles Petersen wrote:

We had two landouts at Seminole yesterday, both in the same field, - a
pasture with cattle and a locked gate. One of the pilots visited a nearby
farmhouse, and spoke with the wife of the property owner asking permission
to enter and a key. She was very nice and called her son. He agreed to
call back on the pilots cell phone. The Sheriff was also called and did not
call back. An hour later, with both trailers at the gate, we called the
Sheriff again and advised that we intended to cut a link in the chain, and
replace it with a padlock when we left, and mail the key to the owner. This
would leave his field secure, and there was no damage. The Sheriff's office
made it clear they were not giving permission, and the retrieve crew made it
clear they were not asking for permission, merely advising the Sheriff of
their intentions, citing the approaching sunset and $220,000 of aircraft in
a field with cattle. A bolt cutter gave entry, and we commenced derigging,
leaving our most charming crew member at the gate. Both the son of the
owner and the Sheriff arrived. The son was extremely upset, insisting that
charges be laid. The Sheriff, seemingly somewhat reluctantly, fingerprinted
both pilots and wrote up a proposal for charges, which he said would be
presented to the public attorney to decide whether to proceed. Nothing
further has been heard, and we hope / believe nothing further will be heard.

My question is: - what is the law governing a landout on private property?
What are the rights of the pilot and of the property owner? Where are these
rights codified? The Sheriff said if we had done the same thing after he
arrived, he would not have laid charges. He did not charge the retrieve
crew with breaking and entering or trespassing. What about the crew
situation?

BTW, all concerned did act as 'ambassadors of the sport', but the son was
implacable.


I read that if the owner doesn't want to grant access, they are still
responsible for the safety of your property on their land (i.e. the
gliders). I don't know if this is true everywhere (anywhere?) in the
U.S., but unless you land on a lawyers farm, it might be a good thing to
bring up to lube the gate lock.
"O.K., we'll straighten this out some other time while you take good
care of my $75k aircraft that is serving as a salt lick. Sorry about
the inconvenience."

Cheers,
Shawn