Hondavalk
Jan 26, 2016Explorer II
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]
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]