Midwest Flyer Magazine

STATE LEGISLATIONgo with respect to what constitutes"premises# covered by the statute. Somestates will follow closely the intentof the statute and include only thoselands amenable to recreational use(for example, under Louisiana!s RUS,the land must be an undeveloped,nonresidential rural or semi-ruralland area in order to fall within theprotection of the statute), whileothers will make a much broaderinterpretation and only considerwhether a recreational activity hadtaken place on the land, regardlessof how suitable that land was forrecreational use (e.g. California,Connecticut).What Activity, Use or PurposeQualifies As “Recreational?”activities such as hiking, swimming,fishing, pleasure driving, nature study,etc. The phrase "includes, but is notlimited to# also appears in order toprevent a narrow interpretation of whatconstitutes a "recreational use.# Somecourts, however, limit the definition toonly those activities that can be pursuedoutdoors (e.g. Louisiana, Washington).Presumably, mountain bicycling wouldbe considered a "recreational use# ofland by most courts even if it is notspecifically listed in the definitionof "recreational use# or "recreationalactivity.# However, it would beadvisable to not rely on the courts todetermine if a particular recreationalactivity is covered under the RUS.Therefore, airstrips and their associatedaviation activities should be enumeratedin the statute.Limitations of ARecreational Use StatuteGenerally, the liability protectionof a recreational use statute is lost ifthe landowner charges for the use ofthe land or if the landowner is guiltyof malicious conduct, like purposelyplacing an obstacle on the runway.SummaryIt would behoove airstrip ownersand pilots to research their respectivestate’s RUS to determine its currentefficacy in protecting the landowner, aswell as determining if the RUS wouldinclude aviation-related activities. Many Recreational Use Statutesinclude, in the text of the statute,a definition of "recreational use#or "recreational purpose.# Thesedefinitions usually include a list ofWENK AVIATION INSURANCE AGENCIESSINCE 1932The most time-honoredAviation Insurance Agencyin the industry!Founded by WWI pilot, Sam Wenk,and now guided by his son,grandson and granddaughter,plus 12 other pilot-agents...15 highly-trained agents to guide youon the proper coverages and limits.Respected by the companies themselves,by their clients and by the industry...Jets, Turbines, PistonsStudent Pilot or ATPMechanics, Airports, Flight Schools...“Our Clients Love Us!You Will Too!”1-800-225-W-E-N-KOffices In Illinois, Wisconsin & Florida.Our 80th Year!!!Licensed In 48 States..!""#$%$&'(&)*')+,)-"./0.""+123)&'"456)-"+#%#718)"""Registering Private Landing FacilitiesNow thatMinnesota(and14 other states,including SouthDakota and partsof Nebraska) haveprovided legal relieffor privately-ownedlanding areas whereno charge is madefor landing, it wouldbe good to knowwhere those facilitiesare! Pilots, PLEASE HELP! Pass thison to every owner of a private airstrip,heliport, Light Sport Aircraft airstrip,ultralight airstrip, seaplane base,gliderport, or fly-in community thatyou know of!Why Register Your Airstrip?1. It literally “puts you on the map”– sectional charts, WAC charts, andGPS databases.2. A pilot can navigate directlyto your strip by entering the FAAidentifier into the GPS, just like anyother airport. The airport info willshow up on the GPS.3. In the event a pilot needs anairport right now due to weather,impending darkness, lost, or mechanicalissues, your airstrip may be a lifesaver!4. Pilots you invite will know whereto find your strip.5. Information about your strip(length, obstructions, etc.) will beon file with the FAA for other pilots,improving safety, and giving fairwarning about the suitability of thestrip. There is no question on whetheror not any hazards were disclosed…Wenk March 2010.indd 14/2/12 8:11 AM