§2800.31. Aerospace flight entities and activities; limitation of liability

            A. For purposes of this Section, the following definitions apply:

            (1) "Aerospace flight activities" mean any act or activity related to the research, development, testing, manufacture, preparation, launch, operation, reentry, descent, landing, or post-landing recovery of an aeronautic or astronautic launch vehicle, craft, payload, or related equipment, including but not limited to fueling, integration, conditioning, and transporting, including but not limited to the transport of goods and persons, and any associated ground support operations, whether conducted on-site or involving overflight.

            (2) "Aerospace flight entity" means any person, corporation, partnership, limited liability company, or any other entity that conducts aerospace flight activities and, to the extent required by federal law, holds or operates anywhere under a valid Federal Aviation Administration license, experimental permit, or other authorization for the relevant activities requiring such a license. This also includes any employee, officer, director, agent, contractor, manufacturer, supplier, or vendor of such entity, any owner or lessor of immovable property used for aerospace flight activities, and any political subdivision or public entity with a contractual or operational relationship facilitating such activities.

            B. Notwithstanding any other provision of law to the contrary, no aerospace flight entity that owns and occupies a minimum of twenty thousand contiguous acres in this state shall be liable for any cause of action arising from nuisance, trespass, inverse condemnation, strict liability, or any other claim based upon noise, sonic booms, overflight, vibration, light, heat, exhaust, smoke, odor, visual intrusion, temporary access restrictions, or any other disturbance resulting from aerospace flight activities.

            C. An aerospace flight entity shall not be liable to any aerospace flight participant for any injury or damages resulting from aerospace flight activities if the aerospace flight participant has signed an agreement and given written consent as required by 51 U.S.C. 50905.

            D. The limitations provided in this Section do not apply to any of the following:

            (1) The gross negligence or willful or wanton misconduct of the aerospace flight entity.

            (2) Intentional injury caused by the aerospace flight entity to the aerospace flight participant.

            (3) A violation of a condition of a Federal Aviation Administration license, experimental permit, or federal authorization.

            (4) Injury to persons or property caused by falling debris that exceeds the normal risk associated with aerospace flight activities.

            E. A reciprocal waiver of claims between parties engaged in aerospace flight activities under Federal Aviation Administration Regulations, 14 CFR 440.17, is effective and enforceable in this state, including waiver by a contractor, subcontractor, or customer of any party participating in an aerospace flight activity.

            F. An aerospace flight entity is presumed to be acting lawfully if the aerospace activity is conducted in substantial compliance with applicable federal, state, and local licenses, permits, or authorizations.

            Acts 2026, No. 874, §1, eff. June 8, 2026.