Midwest Flyer Magazine

STATE LEGISLATIONChanging Your State’s Recreational Use Statute To Include Private Airstripsby Jim HansonMinnesota joins 15 other statesin providing protectionfor private airstrip ownerswho allow other pilots to usetheir airstrips. Within theregion served by Midwest FlyerMagazine, only South Dakotaand Minnesota, and partsof Nebraska, have made thechange. I would like to invitepilots from all Midwest statesto likewise make the effort.Each of the 50 states hasa Recreational Use Statute(RUS). (See the sidebar fromthe Recreational AviationFoundation for a fullexplanation.) The RUS issometimes called the “GoodGuy Law” — it could besummed up by saying that a landownerhas no liability if he allows someoneto use his land without charge, anddoesn’t overtly create a hazard. Thesetwo limitations are important.Most Recreational Use Statuteswere created to encourage landownersto allow people to use their land…there is not enough public land toaccommodate all who would like touse it. Recreational uses usually say“includes, but are not limited to thefollowing activities…..” The statutethen goes on to list types of activities.In Minnesota, RUS lists “hunting;trapping; fishing; swimming; boating;Airport Planning, Environmental,Design, Construction, andSurveying Services0;""#$%$&'(&)*')+,)-"./0.""+123)&'"456)-"+#%#718)"""camping; picnicking; hiking; rockclimbing; cave exploring; bicycling;horseback riding; firewood gathering;pleasure driving, including snowmobilingand the operation of any motorizedThe Minnesota State Capitol, St. Paul, Minnesota.vehicle or conveyance upon a road or uponor across land in any manner, includingrecreational trail use, nature study, waterskiing, winter sports, and viewing orenjoying historical, archaeological, scenic,or scientific sites……” That’s quite alot of activities, but it DOESN’T sayanything specifically about aviation.That is what we set out to change.The ProblemAircraft owners, pilots, and airstripowners are gregarious sorts. The privateairstrips might be Flying Farmer strips,residential airparks, Light Sport Aircraft952-890-0509www.bolton-menk.comVisit our blog at:bolton-menk-aviation.blogspot.comstrips, glider ports, private seaplanebases, or private heliports, or simply aprivate airport. Most of these airstripowners would love to have people dropin (with permission, of course), buthave been leery of the possibilityof encountering a lawsuit ifsomething went wrong. For thatreason, many airstrip ownershave de-listed their strips fromthe aeronautical charts (andGPS databases), even thoughthey were listed as “restricted” or“private.” The actual number ofprosecutions of private airstripowners has been few, but intoday’s society, nobody wantsto incur the legal expenses todefend themselves from simplybeing a “good guy” and allowingsomeone to use their airstrip.How many times have youbeen flying along, looking down, anddiscovered an unlisted private strip?Now you know why.The Solution —The Recreational Aviation FoundationWe need to give airstrip ownersthe same protections afforded otherrecreational activities. Why shouldaviation be any different than the otheractivities? I contacted the RecreationalAviation Association (RAF). RAF isa charitable, non-profit organizationdedicated to the preservation andpromotion of private airstrips.According to their website, the purposeof the organization is to: development of new airstrips, new airstrips on public land, assist pilots in being knowledgeableadvocates, recognition of backcountry recreationalaviation and airstrips as a legitimate useof public lands. regarding recreational airstrips to