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Hondavalk's avatar
Hondavalk
Explorer II
Jan 26, 2016

Not the Drones again

Because this topic keeps coming up I wanted to see if there were actual court rulings on drones and airspace. It appears home owners do own some of there air space.

In the case of United States v. Causby,[4] the U.S. Supreme Court declared the navigable airspace to be "a public highway" and within the public domain. At the same time, the law, and the Supreme Court, recognized that a landowner had property rights in the lower reaches of the airspace above their property. The law, in balancing the public interest in using the airspace for air navigation against the landowner's rights, declared that a landowner controls use of the airspace above their property in connection with their uninterrupted use and enjoyment of the underlying land. In other words, a person's real property ownership includes a reasonable amount of the private airspace above the property in order to prevent nuisance. A landowner may make any legitimate use of their property that they want, even if it interferes with aircraft overflying the land."[5]

The low cost of unmanned aerial vehicles in the 2000s revived legal questions of what activities were permissible at low altitude.[6] The FAA reestablished that public, or navigable, airspace is the space above 500 feet[7]
  • Golden_HVAC wrote:


    We have considered flying a electric remote control helicopter over the property where I work to look for things like wasp nests, condition of the paint, roof, and other things that would take a 5 story long extension ladder to do in person. . .

    Fred.


    There are all sorts of things these drones could help with! One was used to map a large river and take a close look at a dam that needs to be removed; and I have to admit, they could really be useful for finding a lost person or animal..... I hate to admit that from time to time, I see the State Police helicopter flying over the fields/woods near our house - I've been told they are looking for "grow sites". Surely a drone could do that sort of stuff more cheaply? Of course flying a drone over a grow site is a sure way to get it shot down....

    I would consider one flying past my house as a novelty - but if it was hovering overhead, I'd find it annoying real fast. If it happened repeatedly, I'd be tempted to test that 500' and below "private airspace" ruling....LOL! Fortunately, I'm boring as heck - doubt that would ever happen.
  • I am not a lawyer nor am I a legal scholar, but, I think that the intent of the person flying a drone can be determined if he can be charged criminally even though he is flying within the FAA and other regulations.

    As with the example of the 16 yo bikini clad girl and the hormonal 13 yo boy, if his intent is to capture pictures of her and distribute them, either for profit or just plain titillation, he may be in violation of a criminal act of stalking.

    As with everything new, the novelty will wane and things will settle down, but, As BendOrLarry said, some folks just like to complain. They (drones) are here to stay so it is best to relax and accept them. Baring illegal activity.
  • I found the information on the law concerning air space above your domain interesting. I had heard about this some time back but never really got involved. I am sure you do have some air rights, just how much we will find out.
    This is a new problem that has arisen, and it is going to need to be approached. I just do not want the bothersome noise over my head while I am visiting with friends on the patio or cooking on the grill. I should have some rights.
  • Thanks for sharing Hondavalk. Interesting.

    I personally like the technology, even though I said in the other thread that I didn't want one flying over my house. Of course, that stirred up controversy and comments about paranoia, hatred etc... Funny how if someone has a different view, they are immediately branded a hater, unreasonable, an idiot etc...Reminds me of society as a whole, which I guess is to be expected since we are just a slice of a larger society. Im all for folks who want to have one, and take cool pictures and videos of scenic locations.

    Nice to see the courts at least acknowledge that there is some level of expectation of privacy and some amount of control over the airspace over my property.

    99.99 percent of drone operators won't have any reason to fly over my house, unless transiting somewhere else. It's the .01 percent that are likely up to no good that I worry about.

    Mike
  • rockhillmanor wrote:
    Bottom line, legally, no one can affect your right to enjoy your property.

    Not entirely... your right has to be REASONABLE, which is a term defined by the court based upon your facts. We can tell some people get their panties in a bunch of nothing. For them, a dog barking at the mailman 5 houses down affect's their right to enjoy their property. That is not a reasonable argument.

    On the other hand, if you have a 15 year old daughter who likes to sit by the pool in her bikini in your yard with 6' privacy fence and your 13 year old neighbor likes to fly his drone overhead to capture images of her, that could be argued that it is unreasonable.

    Still, its a long drawn out fight. I don't understand why people can't be a little more aware of their surroundings and a little more reasonable when dealing with people.

    This is no different than the guy that polishes the inside of his tanks at the dump station after a holiday weekend with a line an hour long waiting for the dump sites.

    The person in the grocery store that blocks the entire aisle with their cart while they stand in the other direction looking at something.

    The person at the gas pump that parks directly in between 2 pumps, effectively blocking BOTH of them while he goes inside to casually shop around.

    The guy in the left lane doing 5 miles below the speed limit because "he pays his taxes and can drive wherever he wants".

    The list goes on and on about people that are just too self absorbed to worry about anything or anyone except themselves. My father taught me to be aware of my surroundings, to treat other people how I would like to be treated, to be conscious that my actions can affect the people around me. I hope to teach those valuable skills to my family as well.

    If everyone took an extra couple of seconds to think about how their actions could affect people around them, perhaps we would have a LOT less to talk about at RV.net...
  • I think it would be fun to take a drone out and capture some great live video of a place like Yosemite or Grand Canyon. Some of us will never be able to go into these places on foot in person.

    Even if we can not fly something within the National Park, it would be nice to be able to do it someplace, such as a National Forest, or other less crowded place, out of the way so to speak.

    As for flying over someone's back yard, and filming it, that is not really respecting their right to privacy in their back yard. Yet while doing this to say check the condition of the roof for the homeowner, that is an acceptable way to survey the condition of the roof very quickly.

    We have considered flying a electric remote control helicopter over the property where I work to look for things like wasp nests, condition of the paint, roof, and other things that would take a 5 story long extension ladder to do in person. . .

    Fred.
  • Problem with the drone threads here on the Forum is that they de-generate into a gun and shoot them down debate.
  • The law, in balancing the public interest in using the airspace for air navigation against the landowner's rights, declared that a landowner controls use of the airspace above their property in connection with their uninterrupted use and enjoyment of the underlying land....


    X2

    Also, when it comes to your home you have the 'right' to enjoy your home and property for what it is intended for. Air space and left and right.

    I had a neighbor that hauled in 6 semi's of dirt to build a dirt bike track in his back yard for his kid. THAT is what I came home from work to every day.

    I took it to civil court and won it all stopped immediately.
    Whether what you are doing is on your own property or not IF it affects another property owner from enjoying his property you CAN legally have it stopped.

    Bottom line, legally, NO one can affect your right to enjoy your property. It is considered a 'civil matter' And it is addressed at a civil court level not the police.

    Calling the cops to stop the activity is not the answer. Cops do not know civil case law so do NOT listen to them when they say they can't do anything.

    In fact they are NOT allowed to get involved in civil law 'you' need to file a claim in civil court. You can 'make' the cop give you a police report on the incident whether he feels its warranted to or not. The report will assist you in the civil case.

    And for all the naysayer owners of drones that enjoy peering into others properties, and that say we have no rights, and that if it bothers us 'we' must have something to hide?

    "Methinks thou dost protest too much"...look it up. :C
  • As I was unaware of the above mentioned case law, this topic is far from "beat to death". As all of this is relatively new stuff, such conversations have a long way to go. I, for one, want to know more. I suspect RVers, regardless of which side they're on, also want to know more as this technology unfolds. Thanks to OP for the info.
  • This topic has been beat to death! People who are bugged by everything hate them, people who enjoy capturing amazing video while mastering new technology love them.

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