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"Peter Duniho" wrote:
I think the law is that anything below 500 is the airspace of the private property owner Property owners have no right of ownership of any sort with respect to the airspace above their property. Yes they do. A property owner has rights to airspace for any reasonable use thereof under common law, where FAA's 500' reference may be irrelevant. One example is erection of an antenna tower on your property. FAA rules under Part 77 on obstructions apply only to a potential obstruction to public-use airports and to otherwise navigational airspace -- at least 500' for the latter, but not to private strips at all. So if such a tower under 500' AGL poses a hazard to aircraft for an adjoining private airfield, the rights of the antenna owner's property may just be superior under common law. Of course, to be decided in a court of common pleas, or by Judge Judy, or at minimum a rather good "arguendo" exercise under individual State law as to "neighbor law" in a law school class! Fred F. |
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