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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. |
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