Originally published at: AOPA Renews Federal Appeal in Red Lake Aircraft Seizure Case
Association again asks federal officials to address impoundment following emergency landing in Minnesota.
I am not aware of any FAA regulation granting exceptions to trespassing laws during an off-airport landing. Once the aircraft is on the ground, or on the water in this case, the pilot is out of the FAA’s jurisdiction granted by Congress. His best option for appeal is to the Department of the Interior, and even then their influence here is limited.
This is most ridiculous thing ive read. It was legal for him to land as was in emergency. Thus no trespassing occurred. The fact it remains there is 100% on tribe.
As this point FAA/DOT needs to step in and enforce federal law.
Im surprised a court order hasn’t been issued. Any delay is likely court not wanting to get into issues of tribal sovereignty. However SCOTUS is clear, the Feds are supreme. Tribe is only sovereign as far as Congress decides.
Is state highway 89 owned and maintained by the state of Minnesota or by the reservation?
The essence of the so called trespass charge was overflight of the Red Lake Reservation. The Tribe claims sovereignty up to 21,000 feet (not FL210). Not withstanding T383 (BJI-BDE) Airway crosses the Reservation with an MEA of 3500’ So, anyone accepting the following clearance is “trespassing?”
NxxxGA Cleared to Baudette Enter controlled airspace heading 270 direct BLUOX Tango 383; Climb and Maintain 5000, Squawk 4xxx Center 134.75. And subject to similar fines? I am not aware of any FAA regulation abandoning federal control of the airspace anywhere.
If he damaged anything, then yes, his insurance should cover it, but fines and donations? That is what we called “buying the farm” when we landed in a wheat field and we do pay for the crop damages.
So–the Red Lake Band CLAIMS ownership of the airspace up to 21,000’ MSL–but neither the tribe nor the FAA has bothered to note their claim on aviation charts, publications, or NOTAMS. I’ve flown over the area–IFR–with a clearance–and no notice from ATC.
I’ve also had a partial engine failure in a Cessna 210 in the area–and barely made it into Baudette, MN. For most of the area, THERE IS NO PLACE TO LAND–as the “land” is actually “swamp.”
The Band has far over-reached their claim of “ownership.” I suggest that the Federal and State government act in kind–withold State and Federal appropriations for the Tribe until they recognize the fact that they DON’T OWN THE AIRSPACE.
Jim Hanson–Minnesota
WHAT NEXT? Individual States, Counties, Municipalities, or even INDIVIDUAL OWNERS OF LAND also making claims of “airspace ownership?”
I’m wondering WHY the Federal Government hasn’t taken a position on this to settle it once and for all.
Well, it looks like the tribe’s lawyers have recognized the legal error in the tribe’s position. The tribe is now offering to release the aircraft along with a cash settlement. There’s not really an active legal dispute anymore except for the owner’s desire for more cash.
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