Posted on 11/02/2025 9:05:23 AM PST by Red Badger
A Minnesota pilot found himself in a bizarre situation this month, as he was forced to make an emergency landing on a Native American reservation, only to learn that he was about to face an even more frustrating ordeal.
The Daily Mail reported on the strange incident:
Native American tribe snatches pilot's plane from him after he made emergency landing on their reservation https://t.co/FgD6LkQntk— Daily Mail (@DailyMail) October 31, 2025
Darrin Smedsmo was flying over the Red Lake Indian Reservation when his single - engine Stinson airplane suddenly stopped working mid - air.
With less than three minutes until disaster, the experienced pilot was forced to land on a paved state road below.
Moments later, Smedsmo's plane was confiscated by tribal police, who claimed he did not have the authority to fly it over their reservation.
Citing a decades-old resolution passed by the Red Lake tribal council, the reservation authorities hauled Smedsmo's aircraft away, pending an official tribal hearing.
Smedsmo was told his plane had violated the tribe's 1978 law banning 'any airplane' from flying over Red Lake lands at less than 20,000 feet.
If he wants his plane back, he will have to suffer through a tribal trial — starting November 3.
'The land is theirs, but they are claiming the air is theirs,' Smedsmo said. 'They don't control the air. That is basically untenable.'
The law is the law, I guess. But not making an emergency exception? That seems a little unfair.
Can't say this comes as a surprise, though. It makes Indians sad when you drop stuff on their land.
Now the question is if they have the right to set it where they did.
There will probably be a ruling by some federal court on the matter.
If we’d known about this we could have owned a dozen or more automobiles who used to miss the stop sign of a T-intersection on a state highway junction. The cars landed on our property after going through a flimsy wooden barrier.
I had no idea we could just keep things that accidentally landed on our property.
We did tend to put our crappiest gate there because the driver’s insurance was on the hook for the gate they destroyed.
Then we’d put the next crappiest gate we owned there. Rinse and repeat.
Lawless tribal reservation wonders looking for more loot.
20,000 ain’t that point.
The quality of your "research" isn't very good if you can conduct it and reach completely incorrect conclusions.
Technically correct. Factually irrelevant in this case. The Air Commerce act, Civil Aeronautics Act, United States v. Causby, Griggs v. County of Allegheny, Branning v. United States and many others established that in certain areas you may not fly below a certain point.
Federal Aviation Regulations (FAR's) have the force of law under the acts you cited. FAR part 91 states that over a congested area an aircraft may not be operated below 1000', over an other than congested area it may not be operated below 500'. It does not matter that an Indian tribe claims jurisdiction up to 20,000', they don't have it. The FAA owns that airspace, the tribe can claim whatever they want but it's not theirs to claim. FAR part 91 also states, and this is the part that overrides everything else, that "In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency."
In other words, if you have an emergency you can do anything you deem necessary in order to safely handle the emergency. An engine failure in a single engine aircraft qualifies as an emergency under anyone's definition of the word.
It looks like someone more familiar with the law already explained to you how the court cases you cite are dealing with noise complaints and compensation for that, they're not relevant to the subject at hand. Your argument that someone other than the FAA can control airspace over an Indian reservation in the US is wrong and have been shot down in court every time.
I may not have done the "research" you speak of but my ten years of flying airplanes in the Navy and 23 years of civilian airline flying give me enough of a background to know you don't know what you're talking about.
None of the cases or Acts you cite prove authority of a locality, much less an Indian reservation government, over presence in the US airspace.
“But was the pilot under 20,000 feet over the reservation before he had the emergency event? “
So? The Indians do not have authority over that airspace.
“Now the question is if they have the right to set it where they did.”
They have no right to set it at all, much less “where they did”.
You have an interesting point. I deserve reparations too!
Looking back at my ancestry, I’m certain the French and Germans got that rear ends whipped many times, and someone should be paying me for this.
Agree with you post.
Have seen a few hot air
balloon pilots get their
balloons confiscated.
If it looked as though
landing was emmenet on
reservation land, the pilot
would have the ground crew
chief call the res for
permission to touch down.
I don’t recall any case where
the pilot had to go to court
to get his balloon back.They
just wanted the pilots to
follow the rules.
Except his engine seized. No flying with that.
The aircraft is in need of some repair, that’s why it’s there............
A big helicopter could haul the plane out with a sling, I’ll bet.
“”This guy should watch a few episodes of Airplane Repo then go get his plane back””
Having watched that show, they would probably fly a new engine in and switch it out in the dead of night while “injuns” slept. LOL As the other poster said - engine seized so that plane is not going anywhere.
They’d probably even steal the equipment to lift the old engine out and get the new one in with someone standing guard or several someones. They did some crazy things pulling off repos, hiding in hangars etc. Big money in it. I miss it - guess it’s not on anymore.
How about the companies that hire one “special” person and then qualify for No bid government contracts? How about Doyon getting a fifty year, that’s right fifty year no bid contract to run all the utilites at Fort Wainwright and Fort Greely?
if that is the case the FAA should have a TFR over the rez then
I checked an FAA “Sectional Map,” and there was no apparent words stating use of air space near the reservation.
However, most of the area surrounding the Red Lakes is a “MOA.”
A MOA is a “Military Operating Area, which has restrictions when the military is operating, which restricts entry and altitudes during times of operation.
Many moons ago, I flew flights into MSP, the twin cities’ airport.
We had a long layover in St. Paul. On one occasion we went to a bar for a few beers. There were four “Indians” in the bar and they were drunk.
Not Pretty.....the four menaced the customers with threats and, “in one’s face, tactics.”
We left quickly to avoid the ugly scene.
They must have been, “Red Lakers!”
It is balloon!
If he wants his plane back, he will have to suffer through a tribal trial — starting November 3.
'The land is theirs, but they are claiming the air is theirs,' Smedsmo said. 'They don't control the air. That is basically untenable.'
Smedsmo is right. The Indians have no control over the airspace, let alone all of it below 20k. This one is easy.
Chatgpt can handle it.
Key precedent and principles:
Tribal sovereignty gives tribes control over their lands and certain civil/criminal matters.
Federal preemption applies in areas like aviation — so FAA and federal law override local or tribal laws concerning flight operations.
Case law: There isn’t a major reported case of a tribe permanently impounding an aircraft that made an emergency landing. In known incidents, the aircraft was held temporarily until the FAA or in
surance resolved the situation. Emergency landings are generally protected acts. FAA regulations and general principles of aviation law recognize that emergency landings, made out of necessity, do not typically constitute trespass.
Tribal jurisdiction: Once on the ground, the aircraft (and persons) are physically within tribal jurisdiction. That means:
The tribal government and police have authority to manage the situation on their land.
However, because aviation is federally regulated, any investigation, seizure, or impoundment would likely involve federal authorities (FAA, NTSB).
Impoundment:
A tribe could impound the aircraft under tribal law (for example, for safety, investigation, or unpaid fees), especially if it caused damage or violated local regulations.
But federal law preempts permanent seizure or interference with federally registered aircraft without coordination with federal agencies.
In practice, tribes usually coordinate with the FAA or NTSB after such incidents.
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