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Old 07-06-2015 | 09:40 PM
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littlecrankshaf
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Ok, since everyone is having a little fun with Wiki...here is little excerpt: BTW here is the link too; https://en.wikipedia.org/wiki/Air_rights so the "outta context" kids in the back row don't start jumping up and down while raising their hands again...LOL I'll highlight and underline some of the good stuff.

The landowner's claim raises some fundamental legal principles about the ownership of land and the airspace above the land. These principles have been developing over time. In early common law, when there was little practical use of the upper air over a person's land, the law considered that alandowner owned all of the airspace above their land. That doctrine quickly became obsolete when the airplane came on the scene, along with the realization that each property owner whose land was overflown could demand that aircraft keep out of the landowner's airspace, or exact a price for the use of the airspace. The law, drawing heavily on the law of the sea, then declared that the upper reaches of the airspace were free for the navigation of aircraft. In the case of United States v. Causby,[SUP][6][/SUP] the U.S. Supreme Court declared the navigable airspace to be "a public highway" and within thepublic domain. At the same time, the law, and the Supreme Court, recognized that a landowner had property rights in the lower reaches of the airspace above their property. The law, in balancing the public interest in using the airspace for air navigation against the landowner's rights, declared that a landowner controls use of the airspace above their property in connection with their uninterrupted use and enjoyment of the underlying land. In other words, a person's real property ownership includes a reasonable amount of the private airspace above the property in order to prevent nuisance. A landowner may make any legitimate use of their property that they want, even if it interferes with aircraft overflying the land."[SUP][7][/SUP]

Last edited by littlecrankshaf; 07-06-2015 at 09:43 PM.