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Article: Landing on Private Air Strips – Who’s protected?

sj

Staff member
Northwest Arkansas
If you decide to land on a private airstrip and you damage your airplane, who is liable? What if you are invited to land on a private strip and you bend something on your plane. Who is liable? In this article we will explore some general information about landing on private airstrips.\

In the early days of aviation emergency landings were common. Fortunately there was more farmland and open space, than there were cities. When an early aviator was forced to ‘drop in’ unexpectedly they were likely to get welcomed with pie and coffee.

It is different now. The airspace is crowded, sometimes you can’t avoid flying over highly populated areas and airplanes are reliable. We don’t worry too much about having to make an emergency landing. We just have to be on the lookout for a spot just in case the unthinkable happens. That’s why those little circles on the sectional, the ones with the ‘R’ inside can be so important.

Each one is a private strip carved out of a farm, forest, or rangeland. 2,000 to 3,000 feet of green carpet waiting to catch you, when your airplane is turned into a glider. These restricted air strips are a possible resource to all of us who take to the air in light aircraft. The landowners who build and maintain these strips share a common interest in aviation, likely own an airplane and use it. For example In a 150 square mile chunk of northern Illinois, I counted 21 private airstrips and three public. Sometimes the private fields are tough to spot from the air. Especially in the Midwest where everything is green.

Let’s take a look at it from the airstrip owner’s point of view. If you land without prior permission, like in an emergency, the landowner is protected from liability as if you were a trespasser. But what if permission has been granted? All states have Recreational Use Statutes (RUS) that deal with liability issues in favor of the landowner. Typically, they give liability protection to landowners even when permission is granted for non-commercial, recreational purposes. Many states define recreational uses, such as bird watching, hunting, snowmobiling, etc. Other states contain a broad and inclusive definition that covers all recreational activities. Essentially these statutes place the risk on the person enjoying the activity. Of course, the landowner must not act negligently, or “with malicious intent” which nullifies liability protection. Landowners may allow hunters on their land to eliminate pests. Or just to be a good neighbor and share their land with others. The intent of these statutes is to relieve them of liability so that they may offer their land for recreational use. It is a win for all parties including the recreation industry. People in states like Illinois – and in many eastern states with very little public land – benefit greatly since more land is available for recreation.

The Recreational Aviation Foundation (RAF) has made it priority to specify “aviation” in many state’s RUS to clarify the limits of liability. The ultimate objective is for landowners to feel more comfortable allowing pilots to use their airstrips.

The next time you are planning a leisurely flight, find a little circle with an ‘R’ in the middle, look up the owner and give him or her a call. Introduce yourself and get to know them, especially if you fly in the area often. If you should get an invitation to visit take them up on it. Pick up a box of doughnuts and go meet a fellow aviator. You will enjoy the experience.

When you fly out west where there is an abundance of public land, you’ll see a combination of private and public airstrips, some of which are supported by the RAF in its ongoing effort to preserve, maintain and create public use, recreational and backcountry airstrips nationwide. These strips are there for you to enjoy and you will see some eye-popping scenery. In the Midwest the RAF has also been hard at work opening up airstrips for your use and enjoyment. Contact the RAF for more information on air strips and recreational use.

Consider supporting the RAF. Think of it as becoming a part of the other part of aviation – a safe and desirable place to land.

Mike Purpura, RAF Illinois Liaison
mpurpura@TheRAF.org
www.TheRAF.org
 
It's my understanding that any airfield on a sectional with an R is open to any taildragger or classic type of plane. If the owner didn't want anyone landing there they would not have put it on the map. The R is there so they can say you weren't invited if you screw up using their hospitality. The R is a welcome mat and at the same time a reminder that the risk is all yours. As Cole Palen used to say " the runway is mine, the chuckholes and rocks are yours "

Glenn
 
My policy is to not land on a private strip unless I have been invited, either verbally or by getting "waved down" by someone on the ground there. I don't know why anyone would want to have their private strip charted unless they want company to drop in, but apparently some do. IMHO we all need to keep in mind that a private airstrip is just that-- private. And deserves the same respect we give any other private property-- and would expect others to give our own private property. I live on 10 acres out in the woods, and have had people trespassing on my property tell me that they thought it was OK because they weren't hurting anything. Other than disturbing my privacy, someone keeps leaving trash and occasionally steals a little bit of blow-down for firewood....but I'm sure it wasn't them. :roll:
 
You have forgot a major reason that land owners do want their strip placed on aeronauticle maps. In some states it is
placed on maps to prevent future incrochment by local city or government banning private airstrips use. Once the FAA
accepts the landing strip as useable, it becomes vary hard to undue or restrict future use. Too many people move from big
cities to a rural aria and want to restrict a use that has been effect for many years !! " Not in my backyard"
 
Never heard that one. What is the source of your "understanding?"

Of the 50+ ones I've landed on uninvited I was always welcomed. Look at it this way, if you ask the owner for permission and it's ok he will have a harder time protecting himself in court if a mistake is made. Your doing him a legal favor if you just drop in.

Glenn
 
Glenn,
Have you ever landed with Steve E and Tom in the Idaho backcountry unnanounced?

We know your judgement is easily swayed away from doing the smart thing. Look how easy it was for us to talk you into turning off a happily running engine. :lol:

Glenn
 
Great post and reason for joining RAF. In an hour Supercub radius around Peoria Illinois, there are 50 marked and unmarked places to land. Usually they are used for cropdusting a few weeks of the year, but are maintained reasonably well. If the runway is listed on the sectional, you can call or write the owner, 90% of the time they are ok with you landing occasionally. Once in a while they have a liability concern and tell you no. If you see an unmarked runway, you can go to the land plat find the owner and write them, that has worked a couple of times for me. You can also circle around if you see someone on the ground - to me - if they wave, that's an invitation to land and meet them. That has also worked a couple of times. You really get to meet some great people that you would never had a chance to meet. Great post!
 
Great post and reason for joining RAF. In an hour Supercub radius around Peoria Illinois, there are 50 marked and unmarked places to land. Usually they are used for cropdusting a few weeks of the year, but are maintained reasonably well. If the runway is listed on the sectional, you can call or write the owner, 90% of the time they are ok with you landing occasionally. Once in a while they have a liability concern and tell you no. If you see an unmarked runway, you can go to the land plat find the owner and write them, that has worked a couple of times for me. You can also circle around if you see someone on the ground - to me - if they wave, that's an invitation to land and meet them. That has also worked a couple of times. You really get to meet some great people that you would never had a chance to meet. Great post!

My point on not asking for permission is that the smart ones will tell you " NO " because you put them in that position by asking if you could use it. When you ask the liability moves closer to them if they say " Yes "

Glenn
 
You have forgot a major reason that land owners do want their strip placed on aeronauticle maps. In some states it is
placed on maps to prevent future incrochment by local city or government banning private airstrips use. Once the FAA
accepts the landing strip as useable, it becomes vary hard to undue or restrict future use. Too many people move from big
cities to a rural aria and want to restrict a use that has been effect for many years !! " Not in my backyard"

Jcrowles brings up an important point. Some counties here in NM (notably Santa Fe) will not allow the development of any new airports, either public or private. However, if you can prove there was ever an airstrip on said property (like showing an old sectional showing said airstrip), the county can't stop you from re-opening it. It's important to document it with the FAA if you have a private strip. If your currently operating private airstrip has never been documented, they will do their best to shut it down.

Good thread SJ, and one that's important to our future.

-Cub Builder
 
My point on not asking for permission is that the smart ones will tell you " NO " because you put them in that position by asking if you could use it. When you ask the liability moves closer to them if they say " Yes "

Glenn


I like that idea. There are a couple that I do land that I cannot figure out who owns it. Nobody has called me on it yet, so I just use my best judgment and all has been well.
 
Here's another view. I live on a grass field. I have neighbors who are paranoid about being sued. I don't worry about being sued. I worry about being damaged. The FAA does not require an aircraft operator to have liability insurance. I have become aware of pilots who fly their airplanes without liability insurance. The excuses range from, "if I bought insurance I couldn't afford gas", to "I hate bloodsucking insurance companies and I'm not giving them any more of my money than I have to" and "If I live through the crash, I'll pay out of my pocket and if I don't survive I won't have to worry about it". I know. Anyway,if an uninsured guy loses control of his airplane for any reason and skewers my home, who is going to fix it? Since I can see myself standing in front of the hole in my house and getting it fixed is probably going to be expensive for me, I no longer invite people to fly in and I urge my paranoid neighbors to do the same. I know, anybody anywhere could have there house hit by an airplane but right beside a runway raises the odds a bit, I think. jrh
 
I have no problem with people dropping in on me, as long as I'm home and I'm NOT mowing. I don't have an "R" on the sectional, but if someone can get in and out of my yard, they are welcome; double-welcome in the event of an emergency.
 
Glenn,
Have you ever landed with Steve E and Tom in the Idaho backcountry unnanounced?

I've never had a problem landing or leaving on a grass strip, but I can't say the same for Tom. [emoji23]


Sent from my iPhone using Tapatalk
 
I do not land on R without permission. R used to mean "restricted". I always assumed that meant restricted to a small subset of folks, as opposed to "taildraggers ok".

But thanks, Steve, for the nice article. Our style of aviation won't last forever, but it is nice that there are still some grass strips in the Midwest.
 
I guess you could put a white X on the ends if you really don't want anybody landing. I don't care if anybody lands and of course it's at there own risk. If I get sued I have insurance on the property. The big reason for me to register the airport is it stop anyone from putting up tower or other wise obstruction with in a certain radius. Of course NYS requires a security plan following DHS guidelines, you know like JFK.. THEY ARE MORONS!!!!
I guess I could just dig a hole if there was a wreck and put the evidence in and tamp it down a bit with the old D-4 lol.
 
I had a low time pilot I know drop into my 400' long 5640' high strip 2 days ago, we had talked about him "someday" doing it. An LSA type but not as slow landing as my S-7. His last text to me after a few dry runs was : "what do you think ?". My response was a simple and probably legally simplistic: " your call, don't ***k up." He did fine but said he probably wouldn't do it again! It never occurred to me to wave him off for fear of liability.

Last year I used the tower freq at one of the if not the biggest private strip in the western states, maybe the entire country, unicom freq actually, the tower is just for fun.....and the owner, who didn't know me from Adam, responded with " sure, go ahead and come on in, I'll be done flying shortly." After my landing at his paved fenced almost 8 K "strip", I was treated to a PC-12 aero routine and then after he landed we shook hands and a new friend was made! His parking ramp was longer then my runway.... didn't matter, he also obviously wasn't crippled by paranoia over being sued, what kind of way to live is that? Both our strips are in Idaho FWIW.
 
You have forgot a major reason that land owners do want their strip placed on aeronauticle maps. In some states it is
placed on maps to prevent future incrochment by local city or government banning private airstrips use. ....

Yup, thought about that shortly after posting. A very good reason to have your strip charted.
One reason for more private strips not being a "y'all come" show might be that one person can get invited to drop in, he tells someone else, and pretty soon there's people the owner doesn't even know not only landing but doing touch-n-goes and buzzing the place. I know a guy this happened to, he didn't appreciate the unwanted activity and the neighbors appreciated it even less. BTW guess who they called to bitch about it? I know, I know-- "it's an airport, what do they expect?", but avoiding excess airplane noise goes a long way to avoiding problems with the neighbors.
 
It's my understanding that any airfield on a sectional with an R is open to any taildragger or classic type of plane. If the owner didn't want anyone landing there they would not have put it on the map. The R is there so they can say you weren't invited if you screw up using their hospitality. The R is a welcome mat and at the same time a reminder that the risk is all yours. As Cole Palen used to say " the runway is mine, the chuckholes and rocks are yours "

Glenn

You wont land at mine twice with that kind of attitude...and if you smartass that sort of answer when I ask you what you're doing there, it's a really good chance you wont take off either. I have a mat that says welcome at my front door to the house...think that says it's ok for you to just walk in too???? I own the property and am glad to let pretty much anyone come in here, and do....but to have someone with that sort of attitude will shut the door damned quick! It's a respect thing....maybe you should learn some of that. I'm covered by our recreational law here in MT, so I'm not too worried about liability. Why wouldn't I want the strip marked and on the sectional? It may save somebody's bacon someday, and in adition to the avigation easements, that helps insure it will stay a legal runway.
I would certainly hope you post was in a joking mood, and I'm misunderstanding it.......
John
 
My point on not asking for permission is that the smart ones will tell you " NO " because you put them in that position by asking if you could use it. When you ask the liability moves closer to them if they say " Yes "

Glenn

After reading several of the replies, It appears that the red carpet is not out for all private airstrips.
 
You wont land at mine twice with that kind of attitude...and if you smartass that sort of answer when I ask you what you're doing there, it's a really good chance you wont take off either. I have a mat that says welcome at my front door to the house...think that says it's ok for you to just walk in too???? I own the property and am glad to let pretty much anyone come in here, and do....but to have someone with that sort of attitude will shut the door damned quick! It's a respect thing....maybe you should learn some of that. I'm covered by our recreational law here in MT, so I'm not too worried about liability. Why wouldn't I want the strip marked and on the sectional? It may save somebody's bacon someday, and in adition to the avigation easements, that helps insure it will stay a legal runway.
I would certainly hope you post was in a joking mood, and I'm misunderstanding it.......
John

I guess folks are just friendlier here in the North East

Glenn
 
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There's country folks and them city folks in the NE, it's really no diferent anywhere, people will do what they can get away with but the city people seem to think they can do what they want because we a " uncultured hicks" ( had a first officer tell me that once), they cut fences, drive snowmobiles on posted land, hunt where they want etc. but have had locals do the hunting trespass all the time. So there you have it from my little place, I still won't be bitter and when I put people off I'm kind nice because in NY I'm wrong no matter what,lol
 
It's my understanding that any airfield on a sectional with an R is open to any taildragger or classic type of plane..."

Probably already beat to death, but just a reminder, the above does not apply to many restricted Idaho backcountry strips, such as Morgan Ranch, Taylor Ranch, and Mackay Bar. Ownership and policies change over time. The don't X the runways, because that would exclude permitted traffic, who should assume the X means there is a genuine hazard.

Some restricted airstrips are open when conditions permit, like Sulphur Creek and Flying B; others just want notification and perhaps a waiver first.

If you don't already know, call first.
 
ya that's it :roll:

Look at this sectional, ( zoom in ) 80% of all the runways have an " R " on them, and most of them have hangers that other then the owners use. It's a very friendly place to fly. A few years ago I had 2 other airports less then a mile from mine and 9 others less then 10 miles away.

https://skyvector.com/?ll=42.90676036029884,-74.73917369141874&chart=15&zoom=6


It might be in New York but it's somewhat in the sticks. https://www.google.com/maps/@42.880703,-74.8320942,17931m/data=!3m1!1e3

Glenn
 
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I guess folks are just friendlier here in the North East. Glenn

Maybe so, maybe not. I've seen several instances out here where disrespectful pilots turned a y'all come strip into a PPR.
I was camping at Daybreak once years ago (you Portland area guys know where I'm talking about) with some friends the weekend of the old Evergreen fly-in, along with some other people I didn't know, when some yahoo buzzed the place several times in his Cessna. Another yahoo landed his helo & was giving rides, low over the surrounding farms. When the owner & his wife came down to the strip the next morning, she mentioned that between the buzz jobs & the helo dustoffs she'd gotten several complaints from her neighbors. One of the people I didn't know came back with "look at the bright side-- you got to catch up on talking with your neighbors" in a snarky tone of voice. The owners are nice enough to let people they don't even know not only land, but camp overnight, and that's the kind of thanks they get! I was surprised we didn't all get kicked off the place right then-- that sure woulda been my response.
 
I don't drop in announced---anywhere. I expect others to extend the courtesy to me. Being sociable isn't imposing without notice in my home or airstrip as if another person's time is more important than mine. Owners want to know who's on their land. I haven't put up a windsock on legal advice it may be considered an enticement. It's all worked harmoniously and productively during 62 years of flying, 55 years aircraft ownership. Never an issue. Being respectful is contagious.
 
Respect and thanks

I don't drop in announced---anywhere. I expect others to extend the courtesy to me. Being sociable isn't imposing without notice in my home or airstrip as if another person's time is more important than mine. Owners want to know who's on their land. I haven't put up a windsock on legal advice it may be considered an enticement. It's all worked harmoniously and productively during 62 years of flying, 55 years aircraft ownership. Never an issue. Being respectful is contagious.

I agree with being courteous and respectful. You have to respect these folks. They spent their money to grade the strip and seed it. Then they spend their time and more money mowing the strip on a regular basis, and maintaining it. I will bet that there are some interesting stories behind these airstrips. I would love to hear the who, what, where and how they came to be. A now friend of mine, Bill F. I met by noticing a scar in the woods in Northern Wisconsin. I landed, introduced myself, listened to a great life story, was invited to stay the night. Bill insisted that I roll my plane into his hangar. I will never forget his hospitality, or his stories.
 
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