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Property owner question

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Old 05-02-2004, 09:29 AM
  #1  
brwaller
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Default Property owner question

Greetings,

I'm a property owner who, just yesterday, was approached by a local RC airplane club. In short, due to a property sale, the club has recently lost their airfield. The club has expressed a desire to utilize my field for their activities. I'm not at all opposed to this idea, however I have a few concerns. This may not be the appropriate forum, and if not, please point me in the right direction.

I'm not interested in making any money from the club. In fact, I would enjoy watching the planes and I'm sure my toddler would love it. For this, however, I'm not prepared to jeopardize my financial well being. I am going to examine my homeowners policy to determine what coverage it may afford me. My initial readings online lead me to believe that there is some protection availble to me if this club is AMA sanctioned, which I believe the club is. Again, this proposition arose on a saturday afternoon and as of yet I have limited details. Does anyone have any personal experience or knowledge in this area. My concerns are not limited to one being struck by an airplane... I'm concerned with all possibilities that may arise from strangers on my property. Slips, falls, dog bites, and the countless other suits that arise in our money-hungry society.

I would really like to help out with this clubs venture, but don't want to pay a price for doing so. Can you help me help them?

Thanks,

Brian
Old 05-02-2004, 09:46 AM
  #2  
J_R
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Default RE: Property owner question

Welcome Brian

You are in the right place.

First, I would suggest to you that you look at this document. http://www.modelaircraft.org/templat...004clubkit.pdf . It explains, in detail, the coverage an AMA chartered club can obtain. It costs them next to nothing, but covers you with $2.5 million in liability insurance. While we, as members of the AMA, are disposed to act with the AMA Safety Code, you, as the landlord, have no such restrictions on the coverage that could be afforded to you.

If, after looking at the document, you have more questions, or would prefer something official, call Mr. Carl Maroney at AMA headquarters and he will be happy to answer your questions. His phone number is (765) 287-1256 extension 250. Alternately, you should be able to call toll free at 1 (800) I-FLY-AMA.
Old 05-02-2004, 10:37 AM
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Default RE: Property owner question

My initial readings online lead me to believe that there is some protection availble to me if this club is AMA sanctioned, which I believe the club is. Again, this proposition arose on a saturday afternoon and as of yet I have limited details. Does anyone have any personal experience or knowledge in this area.
JR gave you adequate advice reference the insurance situation of an AMA CHARTERED Club. NOW:

First, check with the laws of your area reference zoning and use restrictions. Your property needs to be OK for recreational use. If in your state you, as here in TX, have liberal tax exemptions for agriculture, timber, etc., then you should be informed of how the Model Club's use will restrict your exemptions, if any. Example: My club's property joins my property. The Club gets no exemption for 5 acres of runway, shelter, parking, etc., and that 5 acres cost more in taxes than the surrounding 95 acres, which is leased to a hay-farmer by the club and myself and is "ag" land.

You should get a specific iron-clad contract reference all ingress and egress, any improvements and their potential remains if/when the Club vacates, how far the planes may fly-over, Club/Individual responsibilities if recovering aircraft from neighboring properties, and the potential use of hazardous materials/wastes, to include current disposal of garbage.

You should be specific on requiring membership lists, annual copies of AMA insurance from the club, and that the AMA Charter requirements be accomplished to the letter, along with specific actions if the Charter/Insurance should cease. You might even want to cover the use of man-carrying machines such as hang-gliders and ultra-lights. When I sold land to my club , I deed-restricted the use of man-carrying aircraft. That precluded at least one attempt to divert the club from RC.

All kinds of things will come up, and the majority of those that are club-members will simply think of your property as another *park* for their personal use and convenience. If things get covered up front, then it is much easier as time passes.
Old 05-02-2004, 07:14 PM
  #4  
iflyj3
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Default RE: Property owner question

Brian,

First, let me thank you for considering allowing the use of your property. You have received some good advice from the fellows here thus far.

My comment is to also check your state laws for any law about using your property for recreational purposes. Here in Kentucky, KRS 411.190 states, and I will paraphrase, that if a land owner allows his property to be used free of charge for recreational purposes he bares no responsibility to any party thus using it. He is not required to even warn or tell of any hazards that exist or have recently been created.

In other words, if you dug a post hole today and a hunter, fisherman or R/C pilot falls in the hole, it's his problem and not yours.

NOTE: It specifically says no charge. If you receive money or services then the responsibility shifts to you.

Good luck and thanks.
Old 05-02-2004, 07:52 PM
  #5  
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Default RE: Property owner question

ORIGINAL: brwaller

Greetings,

I'm a property owner who, just yesterday, was approached by a local RC airplane club. In short, due to a property sale, the club has recently lost their airfield. The club has expressed a desire to utilize my field for their activities. I'm not at all opposed to this idea, however I have a few concerns. This may not be the appropriate forum, and if not, please point me in the right direction.

I'm not interested in making any money from the club. In fact, I would enjoy watching the planes and I'm sure my toddler would love it. For this, however, I'm not prepared to jeopardize my financial well being. I am going to examine my homeowners policy to determine what coverage it may afford me. My initial readings online lead me to believe that there is some protection availble to me if this club is AMA sanctioned, which I believe the club is. Again, this proposition arose on a saturday afternoon and as of yet I have limited details. Does anyone have any personal experience or knowledge in this area. My concerns are not limited to one being struck by an airplane... I'm concerned with all possibilities that may arise from strangers on my property. Slips, falls, dog bites, and the countless other suits that arise in our money-hungry society.

I would really like to help out with this clubs venture, but don't want to pay a price for doing so. Can you help me help them?

Thanks,

Brian
Brian

Thank you very much for your consideration of this clubs needs. Your post is awesome and to date none better...probably the best ever! It is apparent that you are a very aware individual and thoughtful, so there isn't much I could say except that maybe selling or even donating the minimal land to the club or the AMA might solve some issues, but just a thought. Anyway thank you very much, our hobby needs more like you.

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