HedgeTrimmer
Captain
United States
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blue_canyon21 Posted at 4-26 20:51
He's also not considering the repercussions of each landowner governing the airspace above their property.
For example, if I governed the airspace above my property, I could potentially stop Lifeflight (helicopter ambulance) from having a direct path to the local hospital from the north. I could also have every crop duster or recreational pilot in the area arrested for flying over my property while on approach to the local airport.
You have taken it to the extreme. Completely ignoring what I suggested as a reasonable minium limit of 400-feet over private property.
One, legal argument made about space (air) above a person's property goes back to 1587: Cuius est solum, eius est usque ad coelum et ad inferos. Essential from Heaven to H.
For your enlightment: "Today, air rights extend to the airspace above the surface that could reasonably be used in connection with the land. Airplanes soaring above your property are not trespassing because they are flying in what Congress has declared as the public highway."
Planes are not supposed be soaring (flying) below 500-feet, unless landing or taking off: "the government considers the public highway to start around 500 feet in uncongested areas, and 1000 feet otherwise. Flight over private land cannot interfere with the enjoyment and use of the land."
FAA is limited to controling "navigable airspace" (public air highway): In the United States, the Federal Aviation Administration (FAA) has the sole authority to regulate all "navigable airspace", exclusively determining the rules and requirements for its use. The prevailing understanding is that a property owner can claim airspace that they are actually using (e.g., the trees and building structures on your property that occupy “your” airspace), but all other airspace is regulated by the FAA.
Reasonable view of "navigable airspace" would be height above ground which an airplane could soar (fly) on public air highway - without risk to plane or pilot, or private property, people, or livestock. What height in feet above ground would you consider "navigable airspace" or congress's entent of FAA controling public highway?
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