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Amendment to law protects Oklahoma private airstrip owners

sj

Staff member
Northwest Arkansas
The Recreational Aviation Foundation (RAF) is pleased to announce that Oklahoma’s Governor Mary Fallin (R) signed HB 1009 on May 13, adding aviation and fly-ins to the state’s recreational use statute covering non-public lands. The legislation, sponsored by Representative Mike Brown (D) sailed through both houses with no opposing votes. The new legislation essentially protects private airstrip owners throughout Oklahoma from litigation from non-commercial aviation activity on their non-public-use airports. Donations collected at fly-ins on private land are specifically addressed and do not constitute commercial status. The added protection takes effect November 1, 2013.
Guiding the bill through the process was Yasmina Platt of Aircraft Owners and Pilots Association (AOPA) with support from RAF Arkansas liaison Dave Myrick and Oklahoma RAF member Kirby Crowe. The RAF is a non-profit organization whose mission is to create and preserve backcountry aviation destinations nationwide. It is headquartered in Bozeman, MT.
With the passage of this bill, Oklahoma joins nineteen other states that have added aviation to their laws covering liability for certain recreational use.
John McKenna, president of the RAF said, “We are very pleased Oklahoma recognized this sensible, non-partisan way to protect landowners while allowing for potential recreational aviation destinations.”
For more information on Recreational Use Statutes in your state contact the Recreational Aviation Foundation www.theraf.org or AOPA www.aopa.org.
 
Oklahoma is a good State, with a lot of good people. Congratulations to the RAF, AOPA, and Kirby. Well done gentlemen.

Bill
 
Way to go Oklahoma. I got our local Senator together with RAF to sponsor our Recreational bill but it's been a 15 months. It was up for a vote the same week that the Safe Act BS happened.

Glenn
 
The RAF has been doing a great job of promoting this type of legislation. They were successful with the same thing in New Mexico last year.

-CubBuilder
 
Something to Crowe about!!!!!

Maybe we should get this done up here also... will check if it is already in place.
 
2014 OK18 at OK18? guess I better talk to Patty,
maybe we can have it at both places, just need another date that would work - suggestions

Thanks to:
Kirby who worked with the RAF
Ed Fogle who worked with Senator Burrage
Forrest (Woody) Wood who worked with and started this last year with with Representative Brown
RAF Arkansas liaison Dave Myrick
Yasmina Platt of the AOPA
The private airport owners and the many other who contacted their Senator's & Rep's


This is a big deal
YEE HOO
 
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Lots of leadership on many fronts on this one.

What started last year passed the House 100% but couldn't get to the Senate floor.

This year passed the house 100% went to Senate and with a good amendment passed 100%.

There's more than one way to skin a cat especially when your primary sponsors are dedicated pilots who happen to be D's in the reddest of the R states... Just took a little strategy, great advocacy, quiet diplomacy, persistence, and a proper cause... Oh and in hind sight I don't think it hurt the cause that the Pres. keeps attacking general aviation which is a key industry in Oklahoma.

Thanks to the many who did far more than I.

Kirby
 
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Super congrats!! And, it'd be great to see a real OK18 some day!

(That's not meant to lessen the fine Gaston's resort and grass strip.)
 
Excellent news! Oklahoma airport owners needed this for a long time.
Also thrilled to hear about OK18 being held in.....Oklahoma! We will be there in 2014!
 
Cal,, most of the new laws go into effect Nov 1 and some have emergency clauses to start immediately. I really dont know why, maybe just a paperwork issue getting agencies and all who is involved up to speed.
 
Cal,, most of the new laws go into effect Nov 1 and some have emergency clauses to start immediately. I really dont know why, maybe just a paperwork issue getting agencies and all who is involved up to speed.
Oklahoma Constitutional provision... goes back to the hoarse and buggy days was to prevent laws from going into effect before the news spread...
 
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I am curious how to start a similar bill in Texas. I got a call last week from a local land owner wanting to know about a couple of guys I know. He had leased a large ranch he owns to several hunters that has a 3000' grass strip on it. They have been flying their Cessna 185 and 180 to the lease in 20 minutes verses a 2 plus hour drive. The land owner's concerns are them landing after wild pigs have torn up the strip and him being sued over the results. I don't think this is an issue with these guys but it still annoys me when fun gets nixed because of perceived liability. Having been involved in a couple of frivolous lawsuits it is one of my biggest pet peeves and infuriates me more than most anything.
 
I am curious how to start a similar bill in Texas. I got a call last week from a local land owner wanting to know about a couple of guys I know. He had leased a large ranch he owns to several hunters that has a 3000' grass strip on it. They have been flying their Cessna 185 and 180 to the lease in 20 minutes verses a 2 plus hour drive. The land owner's concerns are them landing after wild pigs have torn up the strip and him being sued over the results. I don't think this is an issue with these guys but it still annoys me when fun gets nixed because of perceived liability. Having been involved in a couple of frivolous lawsuits it is one of my biggest pet peeves and infuriates me more than most anything.

It won't be the "guys" that sue. It's the widows and children that are the problem. You know Steve: "Ladies and gentlemen of the jury, please take a look at the kids of the deceased sitting over there. Who will put food in their mouths? Who will put cloths on their backs?"

Of course there won't be any goats sitting there but that will not matter to the jury. It only takes 51% of them to agree with the plaintiff and your farmer friend is screwed. Good jury selection is the key and the jury won't consist of pilots or farmers.
 
Steve We have have a like law in Kansas for outdoor use that covers privet airports, but in Kansas no money can chance hands. So your friends have leased the hunting, so the Kansas law may not help the land owner. This is not all bad as it has slowed down leasing for hunting a little. Doug
 
I understand this all too well. That is why Texas, as well as every other state needs to follow what these guys have done in Oklahoma and others states. The tide is turning it just takes time and good people.
 
Doug, Hunting leases around here are big bucks not only for the land owner but the local businesses. During whatever season you see lots of outoftowners wearing camo. I don't know all the ins and outs of hunting and leases but these are just my uneducated observations.
 
I am curious how to start a similar bill in Texas. I got a call last week from a local land owner wanting to know about a couple of guys I know. He had leased a large ranch he owns to several hunters that has a 3000' grass strip on it. They have been flying their Cessna 185 and 180 to the lease in 20 minutes verses a 2 plus hour drive. The land owner's concerns are them landing after wild pigs have torn up the strip and him being sued over the results. I don't think this is an issue with these guys but it still annoys me when fun gets nixed because of perceived liability. Having been involved in a couple of frivolous lawsuits it is one of my biggest pet peeves and infuriates me more than most anything.
The RAF has good information on it. When we started we ended up with parallel approaches that caused some issues as they had to compare the bills and consolidate it. I had a good political methodology with legislative leadership support that my sources thought could get it passed but it got mired down when (with great intentions) a pilot legislator picked it us as the sponsor (makes amazingly good sense right) but he had had major D vs R political baggage and we couldn't even get it out of committee. The next (last year)year, with Ed Fogle staying on it, the stopped bill was picked up by an excellent neutral legislative sponsor (my guy was term limited and now out of office) and it made it through unmolested.

I think key to success is to find a good sponsor, preferably a pilot, who is not a trouble maker or has baggage from other fights as in politics memory is forever. Approach-wise it is best to modify an existing statute rather than introducing new. Look at the hunting statutes and find the one that eliminated landowner liability for that activity and modify it, and then you have to have a small group that will make the rounds to support it, find the farmers and ranchers association, etc. and go visit them or at least a board member near you. They will like it I would expect in Texas they will have an active lobby effort that can help. I asked the Oklahoma Farm Bureau for help and the Cattlemen's Association (you need land owner support) plus made made four trips to OKC in the first session and two in the second (although I was not the lead) to meet legislators and I made a bunch of those town hall meetings they like to do to keep it in front of them, it all helps.

Kirby
 
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Steve Yep hunting leases are big $ here also. not all good but not all bad. Sure has changed life in rural Kansas. Doug
 
In West Virginia, our Recreational Use Statue lists all kinds of activities on private property but not on private airstrips. A local pilot here is now a WV State Delegate. I gave him all the links to as well as copies of the RAF info and he put together a bill. I've not seen it but the WV legislature just started their 60 day session last week. He knows a pilot in the state Senate he will get for help. We will wait and see where this goes.
No private owner complained that I know of when all OBP folks bounced in and out of the many private strips here in WV over the last several years. In fact, we drew welcoming crowds! But I know several owners who always tell me that they are not inviting me to land but they won't kick me out if I do!
 
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