ORIGINAL: JollyPopper
After wading through as many of these replies as I could stand, I guess the bottom line is: nobody knows. And if the matter went to court 100 times, 50 times would be ruled one way and 50 times would be ruled the other way. ...
Not so. It is quite clear that flying any aircraft over someone else's property is a trespass unless the activity comes within the
Causby exception for air commerce. No case has ever held otherwise. And nobody has advanced a serious argument that recreational modeling is included in the air commerce exception to the common-law rule. The law isn't at all unclear, though this won't stop some people from loudly asserting otherwise.