Landout Laws

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

Hi Chuck,
Been there, done that. I once had the gate to an oil rig, half disassembled
when a company man showed up. I quickly said, "If you'll unlock this gate, I'll
be glad to put it back together for you". It doesn't take a rocket scientest to
see who's going to win in your situation. It's his property and you are
trespassing.

A friend and I once started a final glide without sufficient altitude, he went
left around a knob and I went right. He didn't come out on the other side. Had
no time to worry about him as I had a developing problem of my own. Flew on
down this canyon and soon found myself at 80 knots and about 5 feet, over the
sagebrush. I knew Air Sailing was close, but I couldn't spot it (can't see to
far from 5 feet) Then I spotted a camper and figured it must be located at the
airport. Exchanged my 80 knots for about 100 feet and found myself lined up
with the cross-wind runway. I'll take luck over skill, any day.

What's this got to do with landing in a farmers field? My friend called in to
say he had landed in a pasture way up the canyon and would we bring lots of
help. We all went up there and found the farmer quite irate. He refused to
allow the trailer to come on his property. Made us carry the assembled glider
about a mile to the edge of his property. The guy was sending a message to us
folks at Air Sailing, "I live up here because I'm a hermit and I don't want any
GD gliders on my property". That's his right, we ARE trespassing. The same
farmer later held two pilots at gun-point for hours untill the Sheriff showed
up. We finally got the message.

Bolt cutters? That could be construed as burglary tools (I carry a hack saw,
less obvious) Hang in there, It'll be OK, but remember this next time.
JJ Sinclair

Shawn Curry wrote:
My question is: - what is the law governing a landout on private property?
Same as always. Who has more guns. (If you have a radio or cell
phone, and can call people to come with guns, this is good too).
Bow and arrow can be used in extreme duress...

What are the rights of the pilot and of the property owner?
Ever see "Deliverance" or "Pulp Fiction"? I'd suggest soaring over
Ohio or North Dakota, and not so much over
parts of Louisiana or Humboldt County...

Any of you pilots who think you can land anywhere you like
and have it always turn out fine, boy you must know something
I don't...I'm sticken' with known "friendly" landout spots...