HedgeTrimmer
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StanfordWebbie Posted at 2018-3-22 20:25
I think you are incorrect about the law. The FAA is the ONLY one who controls the airspace. Think about it. If you could own the air above your house all the way up to heaven, then you could call that airport tower and forbid them to direct planes to fly over your house. Every house within a landing path would do that. Air travel would end. Now there is a disputed law that says property owners can control up to 350 feet over their house, but that is not firm at the present time.
The issue is one of Government overreach or power grab. FAA was only supposed to control Public Airspace, not Airspace over Private property.
(Similary to how E.P.A. decided it had authority over ponds, drainage ditches, and even water puddles on private property, they were big-dog let run loose.)
Various lawsuits have tossed the issue around, but as of yet nothing is set in stone.
The "navigable airspace" in which the public has a right of transit without affecting a landowner's property rights has been set at the height of 500 ft in urban or suburban areas,[5] and 360 feet above the surface or tallest structure in rural areas.[6]
(Those altitudes are cutoff points, as to when a property owner is not owed compensation for flying through what is airspace over private property.)
The exact altitude(s) at which the airspace over private land becomes "public" airspace, or where the upward bounds of national sovereignty extends is often debated, but the Supreme Court rulings and space treaties are clear. A landowner's domain extends up to at least 365 feet above the ground.
(Notice, SCOTUS has not yet ruled as to where a private property owners airspace actually ends.)
As I said, " Our (U.S.) Judicial system needs to address this issue for several reasons. "
This is old English precidence I mentioned about owning from Heaven to H.
Cuius est solum, eius est usque ad coelum et ad inferos (Latin for "whoever's is the soil, it is theirs all the way to Heaven and all the way to H")[1] is a principle of property law, stating that property holders have rights not only to the plot of land itself, but also to the air above and (in the broader formulation) the ground below.
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