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This has been copied from the Facebook page Balloon Talk
Major Moment for Ballooning: “Privileged Landings” Are Now Officially Recognized in Case Law! We all owe Patrick Smith some good drinks and our business for this one.
This is one of the biggest legal milestones our sport has ever had.
In Maharaj v. Smith Ballooning, LLC (2023 Md. App.), the court finally put into writing what every balloon pilot knows — sometimes, for safety, wind, or operational necessity, we have to land on private property.
And now, a court has confirmed that those landings are not trespass — they are “privileged entries.”
“Given the nature of balloon flight and its dependence on wind and atmospheric conditions, landings sometimes occur on private property.
Such landings, when made out of safety or operational necessity, are not intentional trespasses but privileged entries.”
— Maharaj v. Smith Ballooning, LLC (2023)
Such landings, when made out of safety or operational necessity, are not intentional trespasses but privileged entries.”
— Maharaj v. Smith Ballooning, LLC (2023)
That single phrase — privileged entry — changes everything.
For decades, we’ve used the term “precautionary landing” to explain why we sometimes end up in an open field or pasture.
Now, the law itself recognizes these landings as legally protected aviation operations, not exceptions that need an apology.
For decades, we’ve used the term “precautionary landing” to explain why we sometimes end up in an open field or pasture.
Now, the law itself recognizes these landings as legally protected aviation operations, not exceptions that need an apology.
A Huge Thank-You to Patrick SmithPatrick had to live this fight firsthand. It was frustrating, stressful, and incredibly expensive — it affected his family, his business, and his day-to-day life.
But he didn’t quit. He stood up for ballooning, saw this case through, and now every single one of us benefits from what he endured.
If you see Patrick, buy him a good drink, send him a thank-you note or a gift, and if you don’t already have balloon insurance through him — you probably should. Supporting him is a way to give back for what he just did for all of us.
This case will stand as the first modern precedent recognizing balloon landings as privileged and protected — and that’s thanks to Patrick’s persistence and sacrifice.
What This Doesn’t Mean
This ruling doesn’t give anyone permission to drive all over private property or disregard landowners.
The “privileged entry” applies to the landing and the reasonable retrieval — the essential part of safely completing a flight.
This ruling doesn’t give anyone permission to drive all over private property or disregard landowners.
The “privileged entry” applies to the landing and the reasonable retrieval — the essential part of safely completing a flight.
As always, we need to lead with professionalism:
Ask permission before driving vehicles into a field whenever possible.
Avoid crops, livestock, and fences.
Be respectful and thank every landowner who helps us.
Leave every site better than you found it.
Ask permission before driving vehicles into a field whenever possible. Avoid crops, livestock, and fences. Be respectful and thank every landowner who helps us. Leave every site better than you found it.With Recognition Comes Responsibility
Now that ballooning has this legal acknowledgment, it’s even more important that we keep setting the example.
Let’s continue following FAA 91.119 altitude rules, give animals plenty of altitude and space, and work closely with our communities to maintain the reputation our sport deserves.
Now that ballooning has this legal acknowledgment, it’s even more important that we keep setting the example.
Let’s continue following FAA 91.119 altitude rules, give animals plenty of altitude and space, and work closely with our communities to maintain the reputation our sport deserves.
This is a huge moment for ballooning - a turning point from calling our landings “precautionary” to recognizing them for what they truly are: privileged, lawful, federally protected aviation operations.
We all owe Patrick a ton of thanks and gratitude for making that possible.
Posted : October 23, 2025 7:31 am
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