A Minnesota pilot is rejecting a local Indian tribe’s settlement offer to return his airplane and is vowing to continue the legal battle to get it back. Darrin Smedsmo told the local PBS affiliate the tribe wants him to pay a total of $7,750 to get his Stinson 108 back after he made an emergency landing on a state highway inside the Red Lake Nation’s territory last October. The settlement offer includes a $5,000 donation to the Red Lake Boys and Girls Club and $2,750 for the towing bill to haul the disabled plane to a storage yard, where it has remained outside through the winter. “Well, I finally, finally, received a proposed settlement, and it was—it wasn’t acceptable,” he told Lakeland News. “It wasn’t even a place to start with.” The station’s interview with Smedsmo follows.
Smedsmo was flying from Roseau, Minnesota, to Bemidji when the engine failed. He put it down safely on State Highway 89. But when authorities arrived, they seized the 80-year-old aircraft, citing a 1978 tribal law that declares the airspace up to 20,000 feet above the reservation off-limits to aircraft. The law was originally drafted to try to prevent the Air Force from establishing a flight training corridor through the reservation. Two weeks after the plane was seized, tribal leaders changed their rationale and said they took the aircraft because Smedsmo didn’t give notice he was going to land there. That, they said, created “immediate safety, liability, and resource protection concerns for the band.”
Smedsmo said the settlement offer also incorrectly said he’s had the opportunity to make his case. He said he’s still awaiting his day in tribal court after the original court hearing in November was canceled by the tribe. Smedsmo said under Minnesota law this kind of case is supposed to be heard within 45 days of the alleged offense. “They obviously don’t have anything against me, and so they’re just putting it off, putting it off, putting it off, hoping it will go away,” Smedsmo told the station. “And I’m not planning on going anywhere.”
‘…Smedsmo didn’t give notice he was going to land there. That, they said, created “immediate safety, liability, and resource protection concerns for the band.”
Sounds to me they wouldn’t have had a case if they hadn’t put the band back together on a highway…
What a ridiculous mess the tribe created with this story. As if we don’t get enough mud crawling daily from our inability to just be civil and understanding to each other. Good grief. Good luck, Smedsmo.
If you are a citizen, (documented), the laws of the country, (federal) and state (provincial), followed by local laws apply in that order. However you describe yourself has no bearing on how legislation is applied or considered in a free, democratic country. This type of silliness is what gangs and thugs do for extortion. As members of a civil society we have an obligation to treat others as we would be treated in their circumstance. If the F.A.A. in the U.S. and the Dept. of Transport in Canada have jurisdiction in these matters then what they determine matters, not some local bylaw or flavour of the month. Deal with it.
Not true. It is my belief that tribal lands within the US are considered a sovereign country in their own ight and their laws are binding.
Right of way for the “State Highway” used for landing was either granted to the state by treaty or by separate legal instruments (probably both). Unless the pilot violated a State or Federal law the owner did nothing wrong, the tribe should have no authority in this case.
Time for AOPA to step up and show they care about GA.
Wow. More extortion from the professional grifters called “natives”
Back when is not now, in 2026. If the tribe is wanting to disassociate from any part of the federal govt., then any support they have been receiving should be shut off immediately. Otherwise let the guy have his plane back. His insurance probably covers the towing charge. Also charge the tribe for use of the hwy through their “property”.
Could be settled pretty quick if the tribe suddenly lost all privileges ouside of the res. But then, that would lower us to their pityful standard.
I’m part Creek, so I’m not beating up on Native Americans. I’m just ashamed they’re doing this.