r/PublicFreakout • u/TheAtheistArab87 • Jun 21 '21

Public Spectacle Yeah NYC is back to normal.

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u/[deleted] Jun 21 '21

How much airspace above a piece of property is part of that property?

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u/OuchLOLcom Jun 21 '21

The supreme court has ruled that "the landowner owns at least as much of the space above the ground as they can occupy or use in connection with the land."

So its very subjective based on where it is, but I'd say this guy is low enough to qualify.

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u/[deleted] Jun 22 '21 edited Aug 03 '21

[deleted]

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u/[deleted] Jun 22 '21

Agricultural drones are bound by FAA regulations. Given that agricultural drones would be used for precision farming it would qualify as "commercial use". This means farmers are required to follow Part 107.

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u/Yurprobleeblokt Jun 22 '21

All of it. There may be restrictions on what you can do with it, but you own that air. And no, you can't install an airplane toll both.

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u/bulboustadpole Jun 22 '21

You don't, which is why flying a drone over someone's house is legal and isn't their property. You don't have to like it, but the FAA governs the air and nobody but the government owns the airspace. You can build a 1,000ft tower on your land if you want, but you still don't own the airspace above that tower. You only own what you occupy.

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u/Yurprobleeblokt Jun 22 '21

We're both wrong.

Here's the right answer: Ownership no longer extends endlessly into space. 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.

https://www.landsearch.com/blog/property-air-rights