The landing of an aircraft on the lands or waters of another without his consent is unlawful, except in the case of a cautionary or emergency landing. This section shall not apply to landings on waters of the state or other navigable waters where the waters are normally open to the public or available for public use nor shall this section apply to landing at public use airports, or airports owned or operated by a governmental body or political subdivision. The owner or lessee of the aircraft or the airman is liable in accordance with applicable law for injury to a person or property caused by an emergency or precautionary landing made in accordance with this section.
HISTORY: 1962 Code Section 2-5; 1952 Code Section 2-5; 1942 Code Section 7103; 1932 Code Section 7103; 1929 (36) 220; 2012 Act No. 270, Section 2, eff June 18, 2012.
Effect of Amendment
The 2012 amendment rewrote the section.
Attorney General's Opinions
The provision of section 55-3-50 prohibiting the landing of aircraft on lands or waters of another should be construed as being inapplicable to public property, including a water reservoir owned by a political subdivision. 1988 S.C. Op.Atty.Gen. No. 88-13, p 48.
Structure South Carolina Code of Laws
Chapter 3 - State Law For Aeronautics
Section 55-3-20. Reserved by 2012 Act No. 270, Section 2, eff June 18, 2012.
Section 55-3-30. Reserved by 2012 Act No. 270, Section 2, eff June 18, 2012.
Section 55-3-40. Reserved by 2012 Act No. 270, Section 2, eff June 18, 2012.
Section 55-3-50. Landing an aircraft on the property of another with consent; exceptions; liability.
Section 55-3-60. Liability and lien for damages.
Section 55-3-70. Liability for collisions.
Section 55-3-80. Crimes and torts.
Section 55-3-90. Use of navigable waters for landing, docking, and takeoff of seaplanes.
Section 55-3-100. Restrictions on the use of waterway by seaplane; criteria.
Section 55-3-110. Hunting from aircraft.
Section 55-3-120. Construction.
Section 55-3-130. Pointing, aiming, or discharge of laser device at aircraft; penalties.