Summary
This project is a legal effort to retrieve a Roseau pilot's vintage aircraft, which was seized by the Red Lake Nation after an emergency landing on tribal land due to catastrophic engine failure. The effort will challenge the Tribe's authority to regulate airspace and seize the plane in the context of an emergency situation.
Overview
Reason to Invest:
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Defending Federal Airspace Authority: The pilot does not believe the Red Lake Nation has the authority to regulate airspace over the reservation, especially given the FAA's jurisdiction. A successful outcome would reinforce federal authority over U.S. airspace and clarify the relationship between tribal sovereignty and federal aviation law.
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Clarifying Protocols for Emergency Landings: The incident highlights the lack of clear, established protocols for emergency landings on tribal lands. Investment will force an engagement with the FAA and governmental peers to clarify Tribal protocols for such incidents.
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Protecting Individual Property Rights: The seizure of a private citizen's plane, described by the pilot as his "baby and my dream plane," represents a challenge to property rights. The project defends the right of a private citizen to retrieve his lawfully owned property after an unavoidable, life-saving emergency.
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Challenging Regulatory Overreach: The Red Lake Nation cited a tribal resolution prohibiting aircraft from flying under 20,000 feet, which the pilot was cited for violating. This legal challenge will contest the enforceability of this decades-old, high-altitude restriction against general aviation in an emergency scenario.
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Permanent Durable Solution on Emergency Landings: A federal law must be passed authorizing private lawsuits against tribal officials when they seize airplanes after emergency landings on their reservations.
Team
Erick G. Kaardal
Contact Me: (612)-341-1074
Education University of Chicago Law School, Chicago, Illinois J.D. - 1992 Harvard College Honors: magna cum laude Honors: U.S. Army Reserve Officer Training Corps scholarship Major: Economics Bar Admissions Minnesota Wisconsin U.S. Supreme Court U.S. Court of Appeals District of Columbia Circuit U.S. Court of Appeals Federal Circuit U.S. Court of Appeals 3rd Circuit U.S. Court of Appeals 6th Circuit U.S. Court of Appeals 7th Circuit U.S. Court of Appeals 8th Circuit U.S. District Court District of Minnesota U.S. District Court Eastern District of Wisconsin U.S. District Court Western District of Wisconsin U.S. District Court Central District of Illinois U.S. District Court Northern District of Iowa U.S. District Court District of Idaho U.S. District Court Northern District of Georgia U.S. District Court Eastern District of Michigan U.S. District Court Western District of Michigan U.S. District Court Western District of Pennsylvania U.S. Court of Federal Claims U.S. Tax Court Representative Cases Republican Party of Minnesota v. White (U.S. Supreme Court victory 5-4), 2002 Minnesota Voters Alliance v. Mansky (U.S. Supreme Court victory 7-2), 2018 Honors Outstanding Contribution to the Cause of Liberty, Institute for Justice Minnesota Lawyer, Lawyer of the Year, 2018 Life Legal Defense Foundation "Defender of Life" Award Winner – 2021 Pro-Bono Activities Republican Party of Minnesota, Past Secretary/Treasurer John Adams Society, Past Chairman Minnesota Chapter of the Federalist Society, Advisory Board Member Past Positions Mohrman, Kaardal & Erickson, PA - since January 1, 2000 Trimble & Associates, Ltd., Associate Attorney, 1994-1999 Faegre & Benson, Associate Attorney, 1992-1994 U.S. Army Reserves, Minnesota and Illinois National Guard, Field Artillery Officer, Captain (retired)
About
Project Pitch :
Imagine being forced to make an emergency landing to save your life, only to have your property—your vintage airplane—seized indefinitely. Our project is fighting for Roseau pilot Darrin Smedsmo to get his 1946 Stinson 108-1 back from the Red Lake Nation. This legal fight in federal court is about more than one plane; it's about establishing clear rules for emergency landings, defending the integrity of federal airspace, and safeguarding individual property rights against regulatory overreach. The legal fight in Congress is to enact a law—Darrin’s law we call it--which authorizes private lawsuits against tribal officials when they seize airplanes after emergency landings on their reservations. This two-branch approach will ensure that these injustices stop occurring.
Your investment will fund the legal steps necessary to navigate the tribal and potentially federal legal systems, ensuring that pilots who act responsibly in an emergency are not unfairly penalized and have their property returned.
Organization Information:
Milestones
Milestone 1—Tribal Court Challenge
Legal preparation, filing, and representation for the hearing in Red Lake Nation tribal court to argue for the return of the impounded aircraft, challenging the seizure rationale and the 20,000-foot resolution.
Monetary Hurdle: Already paid for by client.
Milestone 2—U.S. Federal Court Replevin Action
Filing lawsuit in U.S. federal court to establish the public’s rights to reservation airspace and to establish the FAA's supreme authority to regulate airspace above reservations.
Monetary Hurdle: $200,000 (Estimated Legal Fees)
Milestone 3—Advocacy for Darrin’s Law
Education related to bill, educated related to introduction of bill in Congress, educating Congress, providing testimony to Congress.
Monetary Hurdle: $100,000 (Estimated Legal Fees)