MrRodgers
Posts: 10542
Joined: 7/30/2005 Status: offline
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quote:
ORIGINAL: kdsub The home owner does not own the space above his property...all he has is the right to develop it.... but he has to be using it... Not the case here... he has had no claim to space above his home. Now if he could prove that the intent of the drone operator was to spy on his daughter then he could have reason to call the police...not shoot it down. Butch United States v. Causby, the U.S. Supreme Court declared the navigable airspace to be "a public highway" and within the public 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." HERE
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You can be a murderous tyrant and the world will remember you fondly but fuck one horse and you will be a horse fucker for all eternity. Catherine the Great Under capitalism, man exploits man. Under communism, it's just the opposite. J K Galbraith
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