Fri, Feb 27, 2015
West Virginia Is 25th State To Add Aviation To Recreational Use To Protect Landowners From Liability
Earlier this month we reported that the Recreational Aviation Foundation (RAF) helped secure the right of recreational flyers to use airports located on land controlled by the U.S. Forest Service. Now, another success has been achieved in the state of West Virginia to help protect property owners with private airports used for recreational purposes.
A bill adding aircraft operations to its definition of non-commercial recreational use has passed in West Virginia. This Recreation Use Statute (RUS) protects landowners from liability for allowing recreation on their lands. The bill was signed by Governor Earl Ray Tomblin and will take effect on May 12.
Recreational Aviation Foundation (RAF) member Jim Newton approached Delegate Mike Folk with suggested bill language. Delegate Folk is a flight instructor and has flown for various air carriers.
“He was the logical choice, since he grew up on a farm with a private strip. His father was a crop duster. He immediately realized the benefit of amending the West Virginia RUS to include aviation activities,” Newton said. He and the RAF launched a letter-writing effort to Committee members. The Aircraft Owners and Pilots Association (AOPA) assisted, as did airstrip owners and local pilots. The bill passed 96-2 in the House and unanimously in the Senate.
“My state of West Virginia has wonderful scenery. There are many private airstrips. Obviously, liability is a big concern for many of the landowners,” Newton said. “With this new layer of liability protection, landowners are more likely to grant permission for the use of these airstrips,” Newton added.
The Recreational Aviation Foundation was founded by a group of Montana pilots who realized the threat of recreational airstrip closure was of national concern. They also recognized that there was the need for a unified effort by pilots everywhere to protect public recreational opportunities. They have also worked with state governments to promote RUS legislation.
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