airplane stopped from taxiing

[Rich]

I live in a fly-in residential community adjacent to a privately owned, private use airport. The airpark residents do not have ownership in the airport. For 27 years no resident has been prevented from using the runway. The airport just filed a lawsuit to prevent me from using the runway. The document that gives me easement to the runway was not properly recorded with the warrantee deed when the lot was originally purchased (1984). I dread going to court to resolve this, but I guess that is my fate.

My immediate question is how to temporarily get my airplane away from this airport. The airplane is stored on my property, but the airport will not allow me or others to taxi this plane up to the runway, in effect holding my airplane hostage. The local sheriff says it is a civil matter .. take it to court. My lawyer estimates $2000 to get a temp restraining order to release the plane. I don't know how much it would cost to remove the wings and trailer the plane out.

A few times the gate has remained open for a few hours, and I was tempted to try slip by; however, I fear that they will react foolishly by backing a vehicle into the runway, or even grab ahold or attack my plane as I taxi to the runway. Would this be considered a violation of FAR 91.11 (Prohibition on interference with crewmembers) if I was on the airport property?

Any ideas?

[Denny of Oakland]

This is not a Part 91.11 issue. To solve your problem contact a local tow truck company with a flat bed truck and the local police and request an escort to the local airport. You can load the aircraft on the tow truck and drive it to the nearest runway.

This is how we transport aircraft that land on freeways after runnng out of fuel. There may be a charge from the local police, but its less than the legal bills. All the the aircraft I have had transported back was a public service by the local police and it gave the local newspapers and TV something to show and read about.

The aircraft will have to sit cock on the tow truck, but if you have several good friends to help you can load the aircraft on the truck and tie it down. The police are to clear the road as it may take two lanes and keeps someone from running into you. Tow truck here costs were less than $100.00.

Good luck.

[Rich]

Denny,
Thanks for the suggestion.
I received a quote for $2000 to remove the wings, transport and then reattach the wings.
A tow truck with an escort appears much less expensive.

[wjgesq]

Originally Posted by Rich

I live in a fly-in residential community adjacent to a privately owned, private use airport. The airpark residents do not have ownership in the airport. For 27 years no resident has been prevented from using the runway. The airport just filed a lawsuit to prevent me from using the runway. The document that gives me easement to the runway was not properly recorded with the warrantee deed when the lot was originally purchased (1984). I dread going to court to resolve this, but I guess that is my fate.

My immediate question is how to temporarily get my airplane away from this airport. The airplane is stored on my property, but the airport will not allow me or others to taxi this plane up to the runway, in effect holding my airplane hostage. The local sheriff says it is a civil matter .. take it to court. My lawyer estimates $2000 to get a temp restraining order to release the plane. I don't know how much it would cost to remove the wings and trailer the plane out.

A few times the gate has remained open for a few hours, and I was tempted to try slip by; however, I fear that they will react foolishly by backing a vehicle into the runway, or even grab ahold or attack my plane as I taxi to the runway. Would this be considered a violation of FAR 91.11 (Prohibition on interference with crewmembers) if I was on the airport property?

Any ideas?

Is there not some sort of agreement between the Home Owners Association and the owner of the airstrip that also provides for access? Seems as though you have been frozen out and that you are not getting the benefit of your bargain so to speak. Removing the plane would appear to be an act of trespass at worst. You really ought to post the entire back story on this.