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Old 10-17-2019, 03:55 PM   #69
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Originally Posted by Split_Brow View Post
"An entry into anotherís airspace is a trespass even if the trespasser doesnít touch the surface of the earth. Aircraft may trespass by flying low over a personís property, for example. An aircraft trespasses by flying low enough over the surface to interfere with the ownerís reasonable use and enjoyment of his/her surface."
Airspace ownership is defined as the airspace that an owner can reasonably use, such as putting up an antennae of sorts or building a high-rise building. It is muddy waters beyond that because airspace above what a land owner can use belongs to the public.
Air rights are a messy subject

The low cost of unmanned aerial vehicles (also called drones) in the 2000s re-raised legal questions regarding whose permission is required to fly at low altitudes; the landowner, the FAA or both.[12] There has never been a direct challenge to the federal governments vesting of the right for citizens to travel though navigable airspace. As such, the status quo is only permission from the FAA (through regulation) is required. However, existing property rights over private property still allow for civil claims of taking when property use is "substantially impaired" by the use of the airspace.[13] The FAA has also reiterated that it has sole authority to regulate this right.
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