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So I Got My First 'Cease & Desist' letter from the Gov't
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tonycorsoimages
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Had a certified letter from the U.S. Army Engineer Corps today.

A couple of weeks ago, I went out and filmed a local lake here in NE Texas.  We've been in drought for years...first time it had filled up and the spill way was flowing.

Was a two minute video that was viewed over 20k times on my FB page...shared 500 times...and the ABC affiliate station in Dallas aired some footage of it on their weather forecast.  

It was a rather popular clip here in my area...folks were excited to see so much water.

Well...not everyone was.

The letter cited the regulations...assumed my intent was not malicious...but asked me to remove it promptly to avoid a $5000 fine and imprisonement.

Go figure.
2015-3-30
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Gerry1124
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We used to get one of them a month.  It isn't worth the paper it is printed on.
2015-3-30
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2015-3-30
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nrgwise
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Axeman Posted at 2015-3-31 08:54
I was thinking about doing the same thing at Wright Patman Lake here in txk to tony but I figured th ...

Taxpayers...you don't mean people who work and have a bunch of money taken out of their paycheck before they can even cash it, do you?
2015-3-30
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oakspi
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Tony, What regulation was cited? Is it applicable to the circumstances? Is it like a trespass?
2015-3-30
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tonycorsoimages
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Axeman Posted at 2015-3-31 08:54
I was thinking about doing the same thing at Wright Patman Lake here in txk to tony but I figured th ...

I took a pic of the bulk of the letter...I'll PM you a copy of you want to see it as they cite certain 'rules'.  I posted this on FB and it sure has stirred up the locals...lol
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tonycorsoimages
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here....I'll just post it here...didn't know I could do that...and PM wasn't working.
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mike
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https://www.law.cornell.edu/cfr/text/36/327.4

My advice would be to listen to that letter -- and, let Gerry1124 fly there instead since he thinks he is above the law
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Gerry1124
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mike@singerscre Posted at 2015-3-31 11:14
https://www.law.cornell.edu/cfr/text/36/327.4

My advice would be to listen to that letter -- and, l ...

We were taken to court and they couldn't charge us because we flew for free videoing a privately owned house.  We charged for the editing of a video the bank gave us.  We don't get any letters any more, and we still do real estate.
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Gerry1124
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Axeman Posted at 2015-3-31 11:46
Gerry you should hand a sign around your neck in your profile pic that says "KICK ME".
If you are ma ...


I threw my wife in the lake and liquidated her.   I can't help it if other people get scared at these letters.  After all, that's why they send them out, to scare people into stopping things.  The Army Corp. of Engineers control the St. Lawrence river shipping up here, and people are always flying around the ships.  The ice breaker just went through today and already there is a video of it coming up the river, taken by a lawyers son with his Phantom.

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Gerry1124
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Axeman Posted at 2015-3-31 11:55
Is it a you tube vid? I'd like to see it.

Refresh your screen I added to the last post.
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tonydunn
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check this out

The Hoegh Osaka was driven onto bramble mud bank when it's cargo shifted. 1/4 mile offshore
Some flew a drone over it got some great footage and the next day the government declared a no fly zone LOL
2015-3-30
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Gerry1124
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tonydunn@pacbel Posted at 2015-3-31 13:34
check this out

The Hoegh Osaka was driven onto bramble m ...


We have 2 or 3 freighters run aground here in the St. Lawrence river channel every summer and the gov't doesn't put a no fly zone on it.
2015-3-30
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PorkToaster
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b says you shall not operate an aircraft on project lands.
c says you shall not operate any aircraft over project waters in a careless, negligent or reckless manner.

So, the way I read it is that as long as you are not standing on the project land you can operate your aircraft over the project waters as long as you are not reckless, careless or negligent.

I'm no lawyer. Do they send these letters to all commercial flights that fly over "their" waters.

If the law was written as described in the cease and desist why doesn't the law state "No person shall operate any aircraft over project waters or lands." ?
Furthermore if b was meant to imply that flying over project waters was prohibited, then there would be no need for c.

https://www.law.cornell.edu/cfr/text/36/327.4


2015-3-31
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Jerdel
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I would hate to see what America would be like if it was not the "land of the free"    Pretty sure the government has more to worry about than people flying their multi rotor copters and taking videos.  
2015-3-31
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jliddil
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It would be nice if the gov't agencies would get there act together and reach some consensus.  
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talk2t_c
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Jerdel Posted at 2015-3-31 20:47
I would hate to see what America would be like if it was not the "land of the free"    Pretty sure t ...

That's how the song goes...

I spy with my little eye something begining with 'W'         -------------------       Water.  In this case secret army water.
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gsp171
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jliddil Posted at 2015-3-31 21:25
It would be nice if the gov't agencies would get there act together and reach some consensus.

That will never happen lol
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tonycorsoimages
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strange thing is...go to Google Earth or Maps and type in the lake.  You'll see detailed photographic satellite images of the very thing I posted.
2015-3-31
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crash1sttime
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Yes but google earth doesn't show the lake when it opens up to reveal the highly top secret underground army corps base complete with laser defence grid and satellite launching station
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oakspi
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tonycorsoimages Posted at 2015-3-31 11:04
here....I'll just post it here...didn't know I could do that...and PM wasn't working.

(a)  This section pertains to all aircraft including, but not limited to, airplanes, seaplanes, helicopters, ultra-light aircraft, motorized hang gliders, hot air balloons, any non-powered flight devices or any other such equipment.


The above is the ruling on what can't fly there. I don't specifically see Drone or UAV etc. Unless you can say it is the catch-all , "any other such equipment". Too broad in my opinion
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crash1sttime
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Non powered aircraft, so you guys that fly paper planes better watch out
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acenothing
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tonycorsoimages Posted at 2015-3-31 11:04
here....I'll just post it here...didn't know I could do that...and PM wasn't working.

I think the issue is not the video taping but the possible contamination of the lake should you bird drop out of the sky.  Remember the story of the hillbilly mayor that drained and refill a HUGE reservoir because some drunk urinated in it?  Or if a car goes off the road into drinking water reservoir and they shut it off before people drink the oil slick.
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acenothing
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DId you take the video down?  If not where is the link?
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tonycorsoimages
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acenothing Posted at 2015-4-1 00:32
DId you take the video down?  If not where is the link?

Yes...the video is down.  Didn't have a lawyer on speed-dial. ;-)
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PorkToaster
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oakspi Posted at 2015-3-31 23:56
(a)  This section pertains to all aircraft including, but not limited to, airplanes, seaplanes, he ...

Section a doesn't say anything about not being allowed to fly over project waters, it just says what the section applies to aircraft. And section c infers that you are allowed to fly over project waters since the only restiction listed regarding flying over project waters is flying in a "careless, negligent or reckless manner".  Why have "careless, negligent or reckless" if all flying was prohibited?
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PorkToaster
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acenothing Posted at 2015-4-1 00:30
I think the issue is not the video taping but the possible contamination of the lake should you bi ...

You could be right. And that's why only flying in a "careless, negligent or reckless manner" is prohibited. So, safe flying must be allowed?
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Gerry1124
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PorkToaster Posted at 2015-4-1 01:51
You could be right. And that's why only flying in a "careless, negligent or reckless manner" is pr ...


If you want to see careless, negligent, or reckless manner flying, just look at the post about crashing in the pool.  It is because of these pilots that fly in this way that places are declared off limits to ALL flying.


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HermosaDrones
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I can't believe the guy says he does this for a living.  We're all screwed if so...
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PorkToaster
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HermosaDrones Posted at 2015-4-1 03:23
I can't believe the guy says he does this for a living.  We're all screwed if so...

Don't worry, he's insured .
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birdfolk5555
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You did the right thing. If I got a letter like that, I'd take down the vid pretty quick.
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PorkToaster
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Gerry1124 Posted at 2015-3-31 07:46
We used to get one of them a month.  It isn't worth the paper it is printed on.

Especially since the law referenced in the cease and desist doesn't even prohibit flying over project water. Hobbyists are no match for government bullies with unlimited resources and not much to do.
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Gerry1124
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PorkToaster Posted at 2015-4-1 08:53
Especially since the law referenced in the cease and desist doesn't even prohibit flying over proj ...

They tried to take us to court for charging to take video of real estate.  They couldn't make that stick because we gave the raw footage to the agent for free and we got hired to edit the video.  They let us go when the da dropped he case.
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dmctom
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I have moved to Europe a few years ago and it seems that the US has taken the "land of the free" concept to a whole new level recently. All I can say if WOW! I would have never imagined that flying a TOY drone over a lake would end up with such a letter... fines or jail time or both. I thought that things like that could happen in North Korea or other similar police states. I guess it's time to change a few lines now. Welcome to the Police States of America, where people still believe it's the land of the free.
Amazing, absolutely amazing.
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Gerry1124
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dmctom@gmail.co Posted at 2015-4-1 08:59
I have moved to Europe a few years ago and it seems that the US has taken the "land of the free" con ...

I guess 911 changed a lot of that.
2015-3-31
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