Red Lake Band of Chippewa Indians seizes Minnesota man's plane, claims to own airspace, after he made emergency landing on reservation

A Roseau man’s vintage airplane was seized by a tribal nation after he made an emergency landing on tribal land in northern Minnesota. Last month, pilot Darrin Smedsmo flew from Roseau Municipal Airport to Bemidji Regional Airport when the engine of his 1946 Stinson 108 failed mid-flight.

Flying at about 3,500 feet near Lower Red Lake, Smedsmo said his only option was to land on a nearby road, as the surrounding terrain was unsuitable for landing, according to Aviation International News. Smedsmo landed safely, and a Minnesota Department of Transportation worker, who happened to be his neighbor, arrived first on the scene to mark off the area with signs and warning lights. 

"We got it off the road,” Smedsmo said. “And he called the tribal cops. They came and they were great. I arranged to have an A&P [mechanic] come and disassemble the Stinson and haul it off.”

However, tribal police soon told him they would be seizing the plane. Officers issued Smedsmo a ticket, accusing him of violating a 1978 tribal resolution that bans aircraft from flying below 20,000 feet over the Red Lake Reservation. They also blocked his mechanic from removing the plane.

“They brought a roll-off flatbed and it went up there like nothing,” he said. “They hauled it in one piece. I followed behind in the squad car. I know where it is, it’s behind a fence, and there is a 24/7 security guard. It’s out in the open. It’s a 1946 airplane, not worth much with a bad engine, but worth less every day. The electronics in there aren’t supposed to get wet.”

Smedsmo has hired a lawyer to dispute the seizure, arguing that the tribe does not control the airspace above its land. “The land is theirs, but they are claiming the air is theirs. They don’t control the air. That is basically untenable,” he said. 

Following the incident, the Red Lake Tribal Council issued a public notice reminding pilots of its 1978 resolution. “Due to recent reports & incident; Please be advised of Resolution 59-78, where the Red Lake Tribal Council established an air ban prohibiting the flying of ANY AIRPLANE over the lands of the Red Lake Band of Chippewa Indians at an altitude of less than 20,000 feet,” the council posted.”

A press release from the council confirmed the aircraft had been impounded, stating it was necessary for “public safety, protect Tribal property, and ensure compliance with Tribal laws and resolutions.”